Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_1:p19
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 19/29)
Character Range: 54888–57914

2006; or
 (ii) all changes to those rules since 5 September 2006 are of a kind specified in the regulations.

 (7) For the purposes of subparagraph (6)(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 (6)(a) (the current interest) is in a different superannuation fund (the current fund);
 (c) the entire *value of the original interest was transferred to the current interest after 5 September 2006;
 (d) your rights under the current interest are equivalent to your rights under the original interest;
 (e) the notional taxed contributions mentioned in paragraph (6)(b) do not exceed what they would have been if:
 (i) the transfer mentioned in paragraph (c) had not taken place; and
 (ii) the rules of the original fund had not changed since 5 September 2006, or all changes to those rules since 5 September 2006 are of a kind specified in the regulations;
 (f) the requirements (if any) specified in the regulations are satisfied.

292‑175  Defined benefit interest

 (1) An individual's *superannuation interest is a defined benefit interest to the extent that it defines the individual's entitlement to *superannuation benefits payable from the interest by reference to one or more of the following matters:
 (a) the individual's salary, or allowance in the nature of salary, at a particular date or averaged over a period;
 (b) another individual's salary, or allowance in the nature of salary, at a particular date or averaged over a period;
 (c) a specified amount;
 (d) specified conversion factors.

 (2) However, an individual's *superannuation interest is not a defined benefit interest if it defines that entitlement solely by reference to one or more of the following:
 (a) *disability superannuation benefits;
 (b) *superannuation death benefits;
 (c) payments of amounts mentioned in paragraph 307‑10(a) (temporary disability payments).

Subdivision 292‑E—Excess contributions tax assessments

Guide to Subdivision 292‑E

292‑225  What this Subdivision is about

      The Commissioner may make an assessment of a person's liability to pay excess contributions tax, and the excess contributions on which that liability is based.

Table of sections

Operative provisions

292‑230 Commissioner must make an excess contributions tax assessment
292‑235 Part‑year assessment
292‑240 Validity of assessment
292‑245 Objections
292‑250 Evidence

Operative provisions

292‑230  Commissioner must make an excess contributions tax assessment

 (1) The Commissioner must make an assessment (an excess contributions tax assessment) of:
 (a) if a person has *excess concessional contributions for a *financial year—the amount of the excess concessional contributions; and
 (b) the amount (if any) of *excess concessional contributions tax which the person is liable to pay in relation to the financial year.

 (2) The Commissioner must