Income Tax Assessment Act 1997
CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-30
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SUPERANNUATION
Your assessable income includes a payment, or the value of a benefit, you receive in the income year so far as it reasonably represents the direct or indirect return of:
(a) a contribution for which you or another entity have deducted or can deduct an amount for any income year; or
(b) earnings on a contribution of that kind.
Subsection (1) does not apply if you receive the payment, or the value of the benefit, as a *superannuation benefit.
Division 290
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Contributions to superannuation funds
Subdivision 290-B
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Deduction of employer contributions and other employment-connected contributions
Returned contributions
SECTION 290-100
Returned contributions assessable
290-100(1)
Your assessable income includes a payment, or the value of a benefit, you receive in the income year so far as it reasonably represents the direct or indirect return of:
(a) a contribution for which you or another entity have deducted or can deduct an amount for any income year; or
(b) earnings on a contribution of that kind.
Note:
An example of an indirect return of a contribution is if the fund to which it was made transfers to another fund assets that include the contribution, and the other fund returns the contribution to the person who made it.
290-100(2)Subsection (1) does not apply if you receive the payment, or the value of the benefit, as a *superannuation benefit.
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