Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p78
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 78/80)
Character Range: 4540647–4543741

financial year is worked out as follows:

      Method statement
           Step 1. Start with the low tax contributed amounts covered by section 293‑30 for the *financial year, to the extent to which they do not relate to the *defined benefit interest or interests.
           Step 2. Subtract your *excess concessional contributions for the *financial year (if any).
                  Note: The result of step 2 could be nil, or a negative amount.
           Step 3. Add your *defined benefit contributions for the *financial year in respect of the *defined benefit interest or interests.
            The result (but not less than nil) is the amount of your low tax contributions for the financial year.
Note: Modifications in Subdivision 293‑E (about constitutionally protected State higher level office holders) and Subdivision 293‑F (about Commonwealth justices) affect the amount of low tax contributions.

293‑115  Defined benefit contributions
 (1) Your defined benefit contributions, for a *financial year in respect of a *defined benefit interest, has the meaning given by regulation.
Note: There are modifications in sections 293‑150 (about constitutionally protected State higher level office holders) and 293‑195 (about Commonwealth justices).
 (2) A regulation made for the purposes of subsection (1) may provide for a method of determining the amount of the defined benefit contributions.
 (3) A regulation made for the purposes of subsection (1) may define the *defined benefit contributions, and the amount of defined benefit contributions, in different ways depending on any of the following matters:
 (a) the person who has the *superannuation interest that is or includes the *defined benefit interest;
 (b) the *superannuation plan in which the superannuation interest exists;
 (c) the *superannuation provider in relation to the superannuation plan;
 (d) any other matter.
 (4) A regulation made for the purposes of subsection (1) may specify circumstances in which the amount of *defined benefit contributions for a *financial year is nil.
 (5) Subsections (2), (3) and (4) do not limit a regulation that may be made for the purposes of this section.

Subdivision 293‑E—Modifications for constitutionally protected State higher level office holders

Guide to Subdivision 293‑E

293‑140  What this Subdivision is about
      Constitutionally protected State higher level office holders do not pay Division 293 tax in respect of contributions to constitutionally protected funds, unless the contributions are made as part of a salary package.

Table of sections

Operative provisions
293‑145 Who this Subdivision applies to
293‑150 Low tax contributions—modification for CPFs
293‑155 High income threshold—effect of modification
293‑160 Salary packaged contributions

Operative provisions

293‑145  Who this Subdivision applies 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