Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p62
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 158381–161053

taxed splittable contribution:
 (a) a roll‑over superannuation benefit within the meaning of Division 306 of the 1997 Tax Act;
 (b) an amount allotted under this Division;
 (c) a superannuation lump sum that is paid from a foreign superannuation fund.
 (3) Each of the following is not an untaxed splittable contribution:
 (a) a payment made to a superannuation fund by an employer, or by another person under an agreement to which the employer is a party, for the purpose of providing superannuation benefits for, or for dependants of, an employee of the employer;
 (b) a roll‑over superannuation benefit within the meaning of Division 306 of the 1997 Tax Act;
 (c) an amount allotted under this Division;
 (d) a superannuation lump sum that is paid from a foreign superannuation fund.
 (4) Each of the following is not an untaxed splittable contribution:
 (a) a payment made to an RSA by an employer, or by another person under an agreement to which the employer is a party, for the purpose of providing RSA benefits for, or for dependants of, an employee of the employer;
 (b) an amount that has been rolled over, transferred or allotted;
 (c) a lump sum payment from an eligible non‑resident non‑complying superannuation fund.

4.39  Meaning of splittable contribution
 (1) Subject to subregulation (2), a splittable contribution is a contribution to an RSA on or after 1 January 2006.
 (2) Each of the following, received for an RSA holder, is not a splittable contribution:
 (a) a roll‑over superannuation benefit within the meaning of Division 306 of the 1997 Tax Act;
 (b) an amount allotted under this Division;
 (c) a superannuation lump sum that is paid from a foreign superannuation fund;
 (d) a directed termination payment or an amount that would form part of the contributions segment of the superannuation interest.

4.40  Application of Division 4.5
  This Division does not apply to an RSA interest:
 (a) that is subject to a payment split; or
 (b) on which a payment flag (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) is operating.

4.41  Application to roll over, transfer or allot an amount of contributions
 (1) An RSA holder may, in a financial year, apply to the RSA provider to roll over, transfer or allot an amount of benefits, for the benefit of the RSA holder's spouse, that is equal to an amount of the splittable contributions made to that RSA provider by, for, or on behalf of the RSA holder in:
 (a) the last financial year that ended before the application; or
 (b) the financial year in which the application is made—where the RSA holder's entire benefit is to be rolled over, transferred or cashed in that year.