Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p5
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 5/12)
Character Range: 4802369–4805375

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
 (ia) disregard the *tax free component of an *involuntary roll‑over superannuation benefit paid into the interest from another superannuation interest (the earlier interest) (other than an earlier interest that was supporting a *superannuation income stream immediately before that benefit was paid); and
 (ib) if subparagraph (ia) applies—include as a contribution an amount equal to the amount referred to in subsection (5); 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.
 (4) Subparagraph (2)(a)(i) does not apply to a *roll‑over superannuation benefit that is a *departing Australia superannuation payment made under subsection 20H(2), (2AA) or (2A) of the Superannuation (Unclaimed Money and Lost Members) Act 1999.
Note 1: The whole departing Australia superannuation payment is included in the contributions segment of the superannuation interest, as none of the payment has been or will be included in the superannuation provider's assessable income.
Note 2: Including the whole payment in that segment, and thus the tax free component, of the superannuation interest ensures that the amount of the payment, which is taxed by the Superannuation (Departing Australia Superannuation Payments Tax) Act 2007, does not attract more tax when paid as a superannuation benefit from the interest.
 (5) For the purposes of subparagraph (2)(a)(ib), the amount is:
 (a) if the *involuntary roll‑over superannuation benefit is covered by paragraph 306‑12(a) or (c)—the sum of the contributions segment, and crystallised segment, of the earlier interest immediately before the benefit was paid; or
 (b) if the benefit is covered by paragraph 306‑12(b)—the proportion of that sum that the benefit was to the *value of the earlier interest immediately before the benefit was paid.

307‑225  What is the crystallised segment?
 (1) To work out the crystallised segment of a *superannuation interest, first assume that:
 (a) an eligible termination payment had been made in respect of the holder of the interest just before 1 July 2007; and
 (b) the amount of the eligible termination payment had been equal to the *value of the interest at that time.
 (2) The crystallised segment of the *superannuation interest is the total amount of the following components of the eligible termination payment:
 (a) the concessional component;
 (b) the post‑June 1994 invalidity component;
 (c) the undeducted contributions;
 (d)