Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_1:p18
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 18/29)
Character Range: 52214–55127

in relation to a *superannuation interest in a *constitutionally protected fund.

292‑165  Concessional contributions—special rules for defined benefit interests

  Despite section 292‑25, the amount of your concessional contributions for the *financial year is the sum of:
 (a) the contributions covered by subsection 292‑25(2), and the amounts covered by subsection 292‑25(3), to the extent to which they do not relate to the *defined benefit interest or interests; and
 (b) your *notional taxed contributions for the financial year in respect of the defined benefit interest or interests.

292‑170  Notional taxed contributions

 (1) Your notional taxed contributions for a *financial year in respect of a *defined benefit interest has the meaning given by the regulations.

 (2) Regulations made for the purposes of subsection (1) may provide for a method of determining the amount of the notional taxed contributions.

 (3) Regulations made for the purposes of subsection (1) may define the *notional taxed contributions, and the amount of notional taxed contributions, in different ways depending on any of the following matters:
 (a) the person who has the *superannuation interest that is or includes the *defined benefit interest;
 (b) the *superannuation plan in which the superannuation interest exists;
 (c) the *superannuation provider in relation to the superannuation plan;
 (d) any other matter.

 (4) Regulations made for the purposes of subsection (1) may specify circumstances in which the amount of *notional taxed contributions for a *financial year is nil.

 (5) Subsections (2), (3) and (4) do not limit the regulations that may be made for the purposes of this section.

 (6) Despite subsection (1), your notional taxed contributions for the *financial year in respect of the *defined benefit interest are equal to your *concessional contributions cap for the financial year if:
 (a) this Subdivision applies in relation to you because you have a defined benefit interest in a financial year; and
 (b) apart from this subsection, the notional taxed contributions for the financial year in respect of the defined benefit interest exceed your concessional contributions cap for the financial year; and
 (c) either:
 (i) you held the defined benefit interest in a *superannuation fund on 5 September 2006; or
 (ii) all the requirements in subsection (7) are satisfied; and
 (d) if subparagraph (c)(i) applies and the rules of the superannuation fund have changed since 5 September 2006:
 (i) the notional taxed contributions mentioned in paragraph (b) do not exceed what they would have been if the rules of the fund had not changed since 5 September 2006; or
 (ii) all changes to those rules since 5 September 2006 are of a kind specified in the regulations.

 (7) For the purposes of subparagraph (6)(c)(ii), the requirements are as follows:
 (a) you held a *defined benefit interest (the