Income Tax Assessment Amendment Regulations 2007 (No. 2) (90 of 2007)
Schedule 1 Amendment commencing on day after registration
 Part 2, after Division 70
Division 292 Excess contributions tax
Subdivision 292-C Excess non-concessional contributions tax
292-90.01 Non-concessional contributions for a financial year
(1) For paragraph 292-90 (4) (a) of the Act, this regulation sets out conditions for the purpose of allocating an amount in a complying superannuation plan.
Note The effect of paragraph 292-90 (4) (a) of the Act is that an amount is covered under that subsection if it is an amount in a complying superannuation plan that is allocated by the superannuation provider in relation to the plan for the year in accordance with conditions specified in the Regulations.
(2) Subject to subregulation (3), an amount that:
(a) is allocated under Division 7.2 of the SIS Regulations; and
(b) is not assessable contributions under Subdivision 295-C of the Act;
is to be treated as having been allocated by the superannuation provider in a way that is covered by paragraph 292-90 (4) (a) of the Act.
(3) Each of the following amounts is to be treated as not having been allocated by the superannuation provider in a way that is covered by paragraph 292-90 (4) (a) of the Act, even if subregulation (2) would also apply to the amount:
(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 members 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.