Document ID: chunk:federal_register_of_legislation:C2024C00267:section:3:p13
Version: federal_register_of_legislation:C2024C00267
Segment Type: section
Provision Reference: s 3 (pt 13/64)
Character Range: 430876–433798

those Subdivisions.
 (4) Those provisions apply in relation to the period mentioned in subsection (2), and do so as if:
 (a) that period were the 2007‑2008 income year; and
 (b) the deduction limit mentioned in section 82AAC for the 2006‑2007 income year were the deduction limit for the income year mentioned in paragraph (a); and
 (c) the deduction limit mentioned in section 82AAT for the 2006‑2007 income year were the deduction limit for the income year mentioned in paragraph (a); and
 (d) Division 290 of the Income Tax Assessment Act 1997 did not apply to contributions made during the income year mentioned in paragraph (a).

Division 291—Excess concessional contributions

Table of Subdivisions
291‑A Application of Division 291 of the Income Tax Assessment Act 1997
291‑C Modifications for defined benefit interests

Subdivision 291‑A—Application of Division 291 of the Income Tax Assessment Act 1997

Table of sections
291‑10 Application of Division 291 of the Income Tax Assessment Act 1997

291‑10  Application of Division 291 of the Income Tax Assessment Act 1997
  Division 291 of the Income Tax Assessment Act 1997 applies to the 2013‑14 income year and later income years.

Subdivision 291‑C—Modifications for defined benefit interests

Table of sections
291‑170 Transitional rules for notional taxed contributions

291‑170  Transitional rules for notional taxed contributions
 (1) This section applies despite section 291‑170 of the Income Tax Assessment Act 1997.

Certain interests held on 5 September 2006
 (2) Despite subsection 291‑170(1) of the Income Tax Assessment Act 1997, your notional taxed contributions for the financial year in respect of a defined benefit interest are equal to your basic concessional contributions cap for the financial year if:
 (a) Subdivision 291‑C of that Act applies in relation to you because you have a defined benefit interest in a financial year; and
 (b) disregarding this subsection and subsection (4), the notional taxed contributions for the financial year in respect of the defined benefit interest exceed your basic concessional contributions cap for the financial year; and
 (c) either:
 (i) you held the defined benefit interest in a superannuation fund on 5 September 2006; or
 (ii) all the requirements in subsection (3) are satisfied; and
 (d) the conditions (if any) specified in the regulations are satisfied.
Note: In some cases, section 291‑370 of the Income Tax Assessment Act 1997 has the effect of replacing this subsection with a similar rule covering a broader class of contributions and amounts.
 (3) For the purposes of subparagraph (2)(c)(ii), the requirements are as follows:
 (a) you held a defined benefit interest (the original interest) in a superannuation fund (the original fund) on 5 September 2006;
 (b) the defined benefit interest mentioned in paragraph (2)(a) (the current interest) is in a different superannuation fund (the