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INCOME TAX ASSESSMENT (1997 ACT) REGULATIONS 2021 (F2021L00206) - REG 307.200.03

Meaning of superannuation interests--treating a superannuation interest as 2 or more superannuation interests (public sector schemes)

             (1)  For the purposes of subsection 307-200(1) of the Act, a superannuation interest in a public sector superannuation scheme is to be treated as the 2 superannuation interests referred to in subsection (3) in the circumstances specified in subsection (2).

             (2)  The interest is to be treated as 2 interests if:

                     (a)  the superannuation benefit that is to be paid from the scheme is sourced:

                              (i)  partly from contributions made into the scheme or earnings on those contributions; and

                             (ii)  partly from one or more other sources; or

                     (b)  the superannuation benefits that are to be paid from the scheme are sourced:

                              (i)  partly from contributions made into the scheme or earnings on those contributions; and

                             (ii)  partly from one or more other sources.

             (3)  The 2 interests are:

                     (a)  an interest that consists of the contributions made into the scheme and the earnings on those contributions; and

                     (b)  an interest that consists of the remainder of the amount sourced from the other source or sources.

             (4)  For the purposes of this section, an amount specified in a notice given under subsection 307-285(1) of the Act by the trustee of a scheme is not treated as contributions made into the scheme or earnings on those contributions.



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