Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p79
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 79/80)
Character Range: 4543497–4546468

to
 (1) This Subdivision applies to an individual for an income year if:
 (a) the individual has a *superannuation interest in a *constitutionally protected fund in the corresponding *financial year; and
 (b) at any time in the income year, the individual is declared by regulation to be an individual to whom this Subdivision applies.
 (3) Nothing in this Subdivision limits section 6 of the Superannuation (Sustaining the Superannuation Contribution Concession) Imposition Act 2013.
Note: Section 6 of the Superannuation (Sustaining the Superannuation Contribution Concession) Imposition Act 2013 provides that Division 293 tax is not imposed in relation to a person if the imposition would exceed the legislative power of the Commonwealth.

293‑150  Low tax contributions—modification for CPFs
 (1) This section applies for the purpose of working out under section 293‑25 or 293‑105 the amount of the individual's *low tax contributions for the *financial year corresponding to the income year.

Modified low tax contributed amounts in CPFs
 (2) Despite section 293‑30, the low tax contributed amounts covered by that section for the *financial year do not include any contributions to a *constitutionally protected fund, other than contributions covered by section 293‑160 (about salary packaged contributions).

Modified defined benefit contributions in CPFs
 (3) Despite section 293‑115, the individual's defined benefit contributions for the *financial year in respect of a *defined benefit interest in a *constitutionally protected fund are equal to:
 (a) unless paragraph (b) applies—nil; or
 (b) if, having regard to subsection (2) of this section, the low tax contributed amounts covered by section 293‑30 for the year include contributions in respect of the defined benefit interest—the amount of those contributions.

293‑155  High income threshold—effect of modification
 (1) For the purpose of working out the extent (if any) to which the sum mentioned in subsection 293‑20(1) for the individual exceeds the $250,000 threshold mentioned in that subsection, disregard section 293‑150.
 (2) To avoid doubt, the effect of subsection (1) is that the amount of the individual's *taxable contributions for an income year is the lesser of:
 (a) the excess (if any) mentioned in subsection 293‑20(1) (worked out disregarding section 293‑150) for the income year; and
 (b) the individual's *low tax contributions for the corresponding *financial year (worked out having regard to section 293‑150).

293‑160  Salary packaged contributions
 (1) A contribution made to a *complying superannuation plan in respect of an individual is covered by this section if it is made because the individual agreed with an entity, or an *associate of an entity:
 (a) for the contribution to be made; and
 (b) in return, for the *withholding payments covered by subsection (2) that are to be made to the individual by the entity to be reduced (including to nil).
 (2) This subsection