Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p42
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 42/80)
Character Range: 4446627–4449302

if the other person were employed by the company or entity at that time; and
 (d) the contribution:
 (i) reduces the company's or entity's charge percentage under section 22 or 23 of the Superannuation Guarantee (Administration) Act 1992 in respect of the other person because of section 15B of that Act; or
 (ii) is a one‑off payment in lieu of salary or wages that relate to a period of service during which the other person was the company's or entity's employee; or
 (iii) if subsection (1B) or (1C) applies—relates to a period of service during which the other person was the company's or entity's employee.
 (1B) This subsection applies if:
 (a) you make the contribution within 4 months after the person stops being the company's or entity's employee; and
 (b) you would have been entitled to a deduction in relation to the contribution if you had made it while the other person was the company's or entity's employee.
 (1C) This subsection applies if:
 (a) the contribution relates to a *defined benefit interest of the other person; and
 (b) you and the company are at *arm's length with the other person in relation to the contribution; and
 (c) you obtain an *actuary's certificate that:
 (i) complies with the requirements (if any) specified by the regulations for the purposes of this paragraph; and
 (ii) is to the effect that the contribution does not exceed the amount required by the relevant *superannuation fund or *RSA to meet the fund's or RSA's liabilities in connection with defined benefit interests; and
 (d) you would have been entitled to a deduction in respect of the contribution if you had made it while the other person was the company's or entity's employee.
 (2) Treat the other person as your employee for the purposes of subsection 290‑60(1).
 (3) Despite subsection 290‑60(2):
 (a) if subsection (1) or (1AA) applies—the condition in section 290‑70 must be satisfied at the most recent time when the other person was your employee (apart from subsection (2) of this section); or
 (b) if subsection (1A) applies:
 (i) the condition in section 290‑70 need not be satisfied; and
 (ii) instead, the condition in subsection 290‑90(4) must be satisfied at the most recent time when the other person was the company's or entity's employee.

290‑90  Controlling interest deductions
 (1) Section 290‑60 applies as modified by this section if you make a contribution in respect of another person at a time, and at that time:
 (a) the other person is an employee of a company in which you have a controlling interest; or
 (b) you are connected to the other person in the circumstances set out in subsection (5); or
 (c) you are a company connected to