Document ID: chunk:federal_register_of_legislation:F2024C01248:reg:19:p2
Version: federal_register_of_legislation:F2024C01248
Segment Type: reg
Provision Reference: reg 19 (pt 2/14)
Character Range: 59594–62620

in subregulation 5.03(1) of the RSA Regulations.

290‑170.01  Notice of intent to deduct contributions—contributions‑splitting applications
  For the purposes of subparagraph 290‑170(2)(d)(i) of the Act, each of the following is a contributions‑splitting application:
 (a) an application under regulation 6.44 (application to roll over, transfer or allot an amount of contributions) of the SIS Regulations;
 (b) an application under regulation 4.41 (application to roll over, transfer or allot an amount of contributions) of the RSA Regulations;
 (c) an application to deal with an amount in a way that would result in the amount becoming a contributions‑splitting superannuation benefit in accordance with the SIS Regulations or the RSA Regulations.

Division 291—Excess concessional contributions

Subdivision 291‑B—Excess concessional contributions

291‑25.01  Concessional contributions for a financial year
 (1) For the purposes of subsection 291‑25(3) of the Act, this section specifies conditions for the allocation of an amount in a complying superannuation plan.
Note: If the amount meets the conditions of this section it will be an amount covered under subsection 291‑25(3) of the Act. Such amounts are counted in determining an individual's concessional contributions for a financial year.
 (2) The conditions are that the amount is:
 (a) allocated under Division 7.2 of the SIS Regulations; and
 (b) an assessable contribution; and
 (c) not an amount mentioned in item 2 of the table in subsection 295‑190(1) of the Act; and
 (d) not an amount mentioned in subsection 295‑200(2) of the Act; and
 (e) not an amount mentioned in subsection 99G(6) of the Superannuation Industry (Supervision) Act 1993 that is refunded in accordance with that subsection.
 (6) If the amount is allocated from a reserve in lieu of a contribution to the complying superannuation plan (less any allowance for tax) which would have been assessable income of the complying superannuation plan, the amount that is allocated is to be multiplied by 1.176.

Subdivision 291‑C—Modifications for defined benefit interests

291‑170.01  Treatment of superannuation sub‑funds
  If there are 2 or more superannuation sub‑funds in relation to defined benefit members of a superannuation fund, apply this Subdivision and Schedule 1A to the superannuation fund separately in respect of each superannuation sub‑fund.

291‑170.02  Notional taxed contributions—contributions for funds with 5 or more defined benefit members
 (1) For the purposes of subsection 291‑170(1) of the Act, this section gives the meaning of notional taxed contributions for a financial year in respect of the defined benefit interest of a member of:
 (a) a superannuation fund that has 5 or more defined benefit members (other than a fund to which paragraph (6)(a) of this section applies); or
 (b) a superannuation fund to which subsection (3), (4), (5) or (6) of this section applies.
Note: Section 291‑170.04 specifies circumstances in which, despite this section, the amount