Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_8:p6
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 6/11)
Character Range: 213244–216144

in relation to one or more of the following aspects of the interest:
 (a) the *tax free component (and the *contributions segment and *crystallised segment relating to that component);
 (b) the *taxable component;
 (c) the *element taxed in the fund of the taxable component;
 (d) the *element untaxed in the fund of the taxable component.

 (4) Regulations for the purposes of subsection (1) may specify a way of allocating an amount relating to a *superannuation interest treated as two or more superannuation interests in accordance with those regulations to those interests.

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

307‑205  Value of superannuation interest

  The value of a *superannuation interest at a particular time is:
 (a) if the regulations specify a method for determining the value of the superannuation interest—that value; or
 (b) otherwise—the total amount of all the *superannuation lump sums that could be payable from the interest at that time.

307‑210  Tax free component of superannuation interest

  The tax free component of a *superannuation interest is so much of the *value of the interest as consists of:
 (a) the *contributions segment of the interest; and
 (b) the *crystallised segment of the interest.

Note: If superannuation benefits have been paid from the superannuation interest, the amount of the tax free component of the interest will be reduced by the tax free components of those superannuation benefits: see section 307‑125.

307‑215  Taxable component of superannuation interest

  The taxable component of a *superannuation interest is the *value of the interest less the *tax free component of the interest.

307‑220  What is the contributions segment?

 (1) The contributions segment of a *superannuation interest is so much of the *value of the interest as consists of contributions made after 30 June 2007, to the extent that they have not been and will not be included in the assessable income of the *superannuation provider in relation to the *superannuation plan in which the interest is held.

 (2) For the purposes of this section:
 (a) in determining whether contributions are included in the contributions segment under subsection (1):
 (i) disregard the *taxable component of a *roll‑over superannuation benefit paid into the interest; and
 (ii) for a *superannuation plan that is a *constitutionally protected fund—treat the superannuation plan as if it were not a constitutionally protected fund; and
 (b) disregard section 295‑180 and Subdivision 295‑D.

 (3) For the purposes of subparagraph (2)(a)(i), treat the *excess untaxed roll‑over amount (if any) of the *roll‑over superannuation benefit as part of the *tax free component of the benefit instead of the *taxable component of the benefit.

307‑225  What is the crystallised segment?

 (1) To work out the