Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p74
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 74/80)
Character Range: 4529939–4533104

the Taxation Administration Act 1953.
Note 2: The direction does not prevent an amount from being included in your assessable income (see Subdivision 292‑B).
Note 3: Any excess non‑concessional contributions determination you receive after the first one for a financial year is an amended determination.
 (2) The Commissioner must give you a copy of the direction.
 (4) To avoid doubt:
 (a) you may object under section 292‑245 against an *excess non‑concessional contributions tax assessment made in relation to you on the ground that a direction was not made under this section; and
 (b) for the purposes of paragraph (e) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977, not making a direction under this section is a decision forming part of the process of making an assessment of tax under this Act.

Division 293—Sustaining the superannuation contribution concession

Table of Subdivisions
 Guide to Division 293
293‑A Object of this Division
293‑B Sustaining the superannuation contribution concession
293‑C When tax is payable
293‑D Modifications for defined benefit interests
293‑E Modifications for constitutionally protected State higher level office holders
293‑F Modifications for Commonwealth justices
293‑G Modifications for temporary residents who depart Australia

Guide to Division 293

293‑1  What this Division is about

      This Division reduces the concessional tax treatment of certain superannuation contributions made for high income individuals.
      The high income threshold is $250,000.
      There are special rules for defined benefit interests, constitutionally protected State higher level office holders, certain Commonwealth justices and temporary residents who depart Australia.
Note: Part 3‑20 in Schedule 1 to the Taxation Administration Act 1953 contains rules about the administration of the Division 293 tax.

Subdivision 293‑A—Object of this Division

Table of sections

Operative provisions
293‑5 Object of this Division

Operative provisions

293‑5  Object of this Division
  The object of this Division is to reduce the concessional tax treatment of superannuation contributions for high income individuals.

Subdivision 293‑B—Sustaining the superannuation contribution concession

Guide to Subdivision 293‑B

293‑10  What this Subdivision is about

      This Subdivision reduces the superannuation tax concession for high income earners.
      An individual's income is added to certain superannuation contributions and compared to the high income threshold of $250,000. A tax is payable on the excess, or on the superannuation contributions (whichever is less).
      The tax is not payable in respect of excess concessional contributions.

Table of sections

Liability for tax
293‑15 Liability for tax
293‑20 Your taxable contributions

Low tax contributions
293‑25 Your low tax contributions
293‑30 Low tax contributed amounts

Liability for tax

293‑15  Liability for tax
  You are liable to pay *Division 293 tax if you have *taxable contributions for an income year.
Note: The amount of the tax is set out in the Superannuation (Sustaining the Superannuation Contribution Concession)