Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p8
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 8/12)
Character Range: 4810459–4813404

borrowing support, to an extent, a superannuation interest of yours; and
 (d) the fund is a *small superannuation fund at that time; and
 (e) either:
 (i) you have satisfied (whether at or before that time) a condition of release specified in paragraph 307‑80(2)(c); or
 (ii) the lender is an *associate of the superannuation provider.
Note: Subsection 318(3) of the Income Tax Assessment Act 1936 sets out when an entity is an associate of a trustee.
 (2) The amount of your LRBA amount in relation to the *regulated superannuation fund is the sum of the amounts worked out under subsection (3) for:
 (a) if subparagraph (1)(e)(i) applies—each *borrowing that satisfies paragraphs (1)(a), (b) and (c); or
 (b) if subparagraph (1)(e)(i) does not apply—each borrowing that satisfies paragraphs (1)(a), (b) and (c) and subparagraph (1)(e)(ii).
 (3) The amount under this subsection, in respect of a *borrowing, is worked out using the following formula:
where:
outstanding balance means the outstanding balance on the *borrowing at the time of working out your *total superannuation balance.
value of all supported super interests means the sum of the *values at that time of all *superannuation interests in the *regulated superannuation fund that are supported by the asset or assets that secure the *borrowing.
value of your supported super interests means the sum of the *values at that time of each *superannuation interest of yours that is supported by the asset or assets that secure the *borrowing.

Subdivision 307‑E—Elements taxed and untaxed in the fund of the taxable component of superannuation benefit

Table of sections
307‑275 Element taxed in the fund and element untaxed in the fund of superannuation benefits
307‑280 Superannuation benefits from constitutionally protected funds etc.
307‑285 Trustee can choose to convert element taxed in the fund to element untaxed in the fund
307‑290 Taxed and untaxed elements of death benefit superannuation lump sums
307‑295 Superannuation benefits from public sector superannuation schemes may include untaxed element
307‑297 Public sector superannuation schemes—elements set by regulations
307‑300 Certain unclaimed money payments

307‑275  Element taxed in the fund and element untaxed in the fund of superannuation benefits
 (1) The *taxable component of a *superannuation benefit consists of an element taxed in the fund or an element untaxed in the fund, or both.
 (2) The *taxable component of a *superannuation benefit consists wholly of an element taxed in the fund except as provided in a later section of this Subdivision.
 (3) Despite subsection (2), the *taxable component of any of the following kinds of *superannuation benefit consists wholly of an element untaxed in the fund:
 (a) a *small superannuation account payment;
 (b) a *superannuation guarantee payment.

307‑280  Superannuation benefits from constitutionally protected funds etc.
 (1) The *taxable component of