Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p61
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 155711–158637

application under subregulation 4.41(1).
concessional contributions has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
concessional contributions cap has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
contributions segment has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
contributions‑splitting superannuation benefit means a payment made in accordance with subregulation 4.42(2).
crystallised segment has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
directed termination payment has the meaning given by subsection 82‑10F(1) of the Income Tax (Transitional Provisions) Act 1997.
element taxed in the fund has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
element untaxed in the fund has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
foreign superannuation fund has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
maximum splittable amount, in relation to a financial year, means:
 (a) for taxed splittable contributions—the lesser of:
 (i) 85% of the concessional contributions for that financial year; and
 (ii) the concessional contributions cap for that financial year; and
 (b) for untaxed splittable contributions—100% of the amount of the untaxed splittable contributions made in the financial year.
preservation age has the meaning given by regulation 4.01.
relevant financial year, in relation to an application made under:
 (a) paragraph 4.41(1)(a), means the last financial year that ended before the date of the application; or
 (b) paragraph 4.41(1)(b), means the financial year in which the application is made.
splittable contribution has the meaning given by regulation 4.39.
superannuation benefit has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
superannuation interest has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
superannuation lump sum has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
taxable component has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
taxed splittable contribution has the meaning given by regulation 4.38.
untaxed splittable contribution has the meaning given by regulation 4.38.

4.38  Meaning of taxed splittable contribution and untaxed splittable contribution
 (1) Subject to subregulation (2), a taxed splittable contribution is a contribution that is:
 (a) a contribution that will be included in the assessable income of an entity as:
 (i) a taxable contribution for section 274 of the Tax Act; or
 (ii) a contribution under Subdivision 295‑C of the 1997 Tax Act; or
 (b) made on or after 1 January 2006.
 (2) Each of the following is not a taxed splittable contribution:
 (a) a roll‑over superannuation benefit within the meaning of Division 306 of the 1997 Tax Act;
 (b) an amount allotted under this Division;
 (c) a superannuation lump sum that is paid from a foreign superannuation fund.
 (3)