Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p38
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 38/80)
Character Range: 4436411–4439433

the payment of benefits in the nature of superannuation upon retirement or death that:
 (i) is not, and never has been, an *Australian superannuation fund or a *foreign superannuation fund; and
 (ii) was not established in Australia; and
 (iii) is not centrally managed or controlled in Australia.

290‑10  No deductions other than under this Division
 (1) You cannot deduct under this Act an amount you pay as a contribution to a *complying superannuation fund or *RSA, except as provided by this Division.
 (2) You cannot deduct under this Act an amount you pay as a contribution to a *non‑complying superannuation fund, except as provided by this Division.
Note: Under Subdivision 290‑B (Deduction of employer contributions and other employment‑connected contributions), you may be able to deduct contributions you make to a non‑complying fund that you believe to be a complying fund.

Subdivision 290‑B—Deduction of employer contributions and other employment‑connected contributions

Table of sections

Deducting employer contributions
290‑60 Employer contributions deductible
290‑65 Application to employees etc.

Conditions for deducting an employer contribution
290‑70 Employment activity conditions
290‑75 Complying fund conditions
290‑80 Age related conditions

Other employment‑connected deductions
290‑85 Contributions for former employees etc.
290‑90 Controlling interest deductions
290‑95 Amounts offset against superannuation guarantee charge

Returned contributions
290‑100 Returned contributions assessable

Deducting employer contributions

290‑60  Employer contributions deductible
 (1) You can deduct a contribution you make to a *superannuation fund, or an *RSA, for the purpose of providing *superannuation benefits for another person who is your employee when the contribution is made (regardless whether the benefits are payable to a *SIS dependant of the employee if the employee dies before or after becoming entitled to receive the benefits).
Note: Other provisions of this Act and the Income Tax Assessment Act 1936 may reduce, increase or deny the deduction in certain circumstances. For example, see sections 85‑25 and 86‑75 of this Act.
 (2) However, the conditions in sections 290‑70, 290‑75 and 290‑80 must also be satisfied for you to deduct the contribution.
 (3) You can deduct the contribution only for the income year in which you made the contribution.
 (4) You cannot deduct the contribution if it is an amount paid by you, as mentioned in regulations under the Family Law Act 1975, to a *regulated superannuation fund, or to an *RSA, to be held for the benefit of your *non‑member spouse in satisfaction of his or her entitlement in respect of the *superannuation interest concerned.

290‑65  Application to employees etc.
 (1) At a time when an individual is an employee of an entity within the expanded meaning of employee given by section 12 of the Superannuation Guarantee (Administration) Act 1992, this Subdivision applies as if the individual were an employee of the entity.