Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p53
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 53/80)
Character Range: 4474882–4477948

defined benefit interest or interests; and
 (c) the amount (if any) by which your *defined benefit contributions for the financial year in respect of the defined benefit interest or interests exceed those notional taxed contributions.
Note: Section 291‑370 prevents some contributions from causing your concessional contributions for a financial year to exceed the concessional contributions cap.
 (2) In working out your *defined benefit contributions for the *financial year for the purposes of paragraph (1)(c):
 (a) if Subdivision 293‑E applies to you for the income year corresponding to the financial year—disregard subsection 293‑150(3); and
 (b) if Subdivision 293‑F applies to you—disregard subsection 293‑195(2).
Note: Section 291‑370 prevents some contributions from causing your concessional contributions for a financial year to exceed the concessional contributions cap.

291‑170  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.
Note: For transitional provisions about notional taxed contributions that were previously in former subsections 292‑170(6) to (9), see Subdivision 291‑C of the Income Tax (Transitional Provisions) Act 1997.
 (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 individual 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.

291‑175  Defined benefit interest
 (1) An individual's *superannuation interest is a defined benefit interest to the extent that it defines the individual's entitlement to *superannuation benefits payable from the interest by reference to one or more of the following matters:
 (a) the individual's salary, or allowance in the nature of salary, at a particular date or averaged over a period;
 (b) another individual's salary, or allowance in the nature of salary, at a particular date or averaged over a period;
 (c) a specified amount;
 (d) specified conversion factors.
 (2) However, an individual's *superannuation interest is not a defined benefit interest if it defines that entitlement solely by reference to one or more of the following:
 (a) *disability superannuation benefits;
 (b) *superannuation death benefits;
 (c) payments of amounts mentioned in paragraph