Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-30 - SUPERANNUATION  

Division 290 - Contributions to superannuation funds  

Subdivision 290-C - Deducting personal contributions  

Conditions for deducting a personal contribution

SECTION 290-155   Complying superannuation fund condition  

290-155(1)    
If the contribution is made to a *superannuation fund:


(a) the fund must be a *complying superannuation fund, for the income year of the fund in which you made the contribution, that is not:


(i) a *Commonwealth public sector superannuation scheme in which you have a *defined benefit interest; or

(ii) a superannuation fund that would not include the contribution in its assessable income under section 295-190 ; or

(iii) a superannuation fund of a kind prescribed by the regulations for the purposes of this subparagraph; and


(b) the contribution must not be a contribution of a kind prescribed by the regulations that is made to a superannuation fund of a kind prescribed by the regulations for the purposes of this paragraph.

290-155(2)    
In determining for the purposes of subparagraph (1)(a)(ii) whether section 295-190 would apply in relation to a contribution, disregard Subdivision 295-D .

290-155(3)    
The Commissioner may publish, in such manner as the Commissioner thinks fit, lists of:


(a) the *superannuation funds to which subparagraph (1)(a)(i), (ii) or (iii) applies for an income year; and


(b) the kinds of contributions to which paragraph (1)(b) applies for an income year, and the superannuation funds to which those contributions have been or would be made.


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