Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-30 - SUPERANNUATION  

Division 290 - Contributions to superannuation funds  

Subdivision 290-B - 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.