Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For the purposes of paragraph 292-90(4)(a) of the Act, this section specifies conditions for the allocation of an amount in a complying superannuation plan.
Note: If the amount meets the conditions of this section it will be an amount covered by subsection 292-90(4) of the Act. Such amounts are counted in determining an individual's non-concessional contributions for a financial year.
(2) The conditions are that the amount is:
(a) allocated under Division 7.2 of the SIS Regulations; and
(b) not an assessable contribution; and
(c) not covered by subsection (3).
(3) Each of the following amounts is covered by this subsection:
(a) a Government co-contribution made under the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 ;
(b) a contribution covered under section 292-95 of the Act;
(c) a contribution covered under section 292-100 of the Act, to the extent that it does not exceed the CGT cap amount when it is made;
(d) a contribution made to a constitutionally protected fund (other than a contribution included in the contributions segment of the member's superannuation interest in the fund);
(e) contributions not included in the assessable income of the superannuation provider in relation to the superannuation plan because of a choice made under section 295-180 of the Act;
(f) a contribution that is a roll-over superannuation benefit;
(g) the tax free component of a directed termination payment (within the meaning of section 82-10F of the Income Tax (Transitional Provisions) Act 1997 ) made in the financial year on behalf of the member.