Commonwealth Consolidated Regulations

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RETIREMENT SAVINGS ACCOUNTS REGULATIONS 1997 - REG 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)   Each of the following is not an untaxed splittable contribution :

  (a)   a payment made to a superannuation fund by an employer, or by another person under an agreement to which the employer is a party, for the purpose of providing superannuation benefits for, or for dependants of, an employee of the employer;

  (b)   a roll - over superannuation benefit within the meaning of Division   306 of the 1997 Tax Act;

  (c)   an amount allotted under this Division;

  (d)   a superannuation lump sum that is paid from a foreign superannuation fund.

  (4)   Each of the following is not an untaxed splittable contribution :

  (a)   a payment made to an RSA by an employer, or by another person under an agreement to which the employer is a party, for the purpose of providing RSA benefits for, or for dependants of, an employee of the employer;

  (b)   an amount that has been rolled over, transferred or allotted;

  (c)   a lump sum payment from an eligible non - resident non - complying superannuation fund.



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