Income Tax Regulations 1936 (Repealed)
View history note
Hide history notePt 7 repealed by SLI No 3 of 2011, reg 3 and Sch 1 item 1, effective 15 February 2011.
Pt 7, formerly Pt VI, renumbered by SR No 192 of 1990.
Archived:
Div 1 repealed as inoperative by SLI No 216 of 2006, reg 3 and Sch 1 item 8, effective 14 September 2006. For former wording see the CCH Australian Income Tax Legislation archive .
Div 2 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007.
Div 2 heading substituted by SLI No 216 of 2006, reg 3 and Sch 1 item 9, effective 14 September 2006. The heading formerly read:
Division 2 - Collection by instalments of tax on persons other than companies
Subdiv 3 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007.
Subdiv 3 heading substituted by SR No 14 of 1998.
Subdiv 3, formerly Subdiv AAA, renumbered by SR No 192 of 1990. Subdivision inserted by SR No 172 of 1984.
(Repealed by SLI No 89 of 2007)
Reg 98C repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 98C formerly read:
Reg 98C(1) substituted by SLI No 187 of 2006, reg 3 and Sch 1 item 6, effective 18 July 2006. Reg 98C(1) formerly read:
Reg 98C(2) amended by SLI No 187 of 2006, reg 3 and Sch 1 items 7 and 8, by inserting para (c), effective 18 July 2006. Reg 98C(4) substituted by SLI No 187 of 2006, reg 3 and Sch 1 item 9, effective 18 July 2006. Reg 98C(4) formerly read:
Reg 98C inserted by SLI No 327 of 2005, reg 3 and Sch 1 item 2, effective 1 January 2006.
REGULATION 98C ELECTION TAKEN TO HAVE BEEN MADE IN RELATION TO A QUALIFYING ETP THAT IS A CONTRIBUTIONS-SPLITTING ETP (ACT S 27D)
98C(1)
For paragraph
27D(8)(a)
of the Act, an election under subsection
27D(1)
of the Act is taken to have been made by a taxpayer in relation to a qualifying ETP that is a contributions-splitting ETP if the amount is designated as a spouse contributions-splitting amount by regulation 98B.
98C(1)
For paragraph
27D(8)(a)
of the Act, an election under subsection
27D(1)
of the Act is taken to have been made by a taxpayer in relation to a qualifying ETP that is a contributions-splitting ETP if an amount is rolled over, transferred or allotted under Division 6.7 of the SIS Regulations or Division 4.5 of the RSA Regulations.
98C(2)
For paragraph
27D(8)(b)
of the Act, the taxpayer is taken to have specified the following matters in an election, taken to have been made under subregulation (1), that the ETP consists only of 1 or more of the following:
(a)
subject to subregulation (4)
-
the taxed element of a post-June 83 component;
(b)
subject to subregulation (4)
-
undeducted contributions;
(c)
subject to subregulation (4)
-
the untaxed element of a post-June 83 component.
98C(3)
For paragraph
27D(8)(c)
of the Act, for the purpose of applying section
27D
of the Act to an election taken to have been made under subregulation (1), the taxpayer mentioned in section
27D
of the Act is the
applicant
(within the meaning of Division 6.7 of the SIS Regulations or Division 4.5 of the RSA Regulations).
98C(4)
For subregulation (2):
(a)
the amount mentioned in paragraph (2)(a) must not exceed the amount of taxed splittable contributions (within the meaning of Division
6.7
of the SIS Regulations or Division
4.5
of the RSA Regulations) that:
(i)
the taxpayer has applied to split under regulation
6.44
of the SIS Regulations; or
(ii)
the taxpayer has applied to split under
4.41
of the RSA Regulations; or
(iii)
the taxpayer has applied to have dealt with in a way that would result in the amount becoming a spouse contributions-splitting amount because of subregulation
98B(2)
; and
(b)
the amount mentioned in paragraph (2)(b) must not exceed the amount of untaxed splittable contributions (within the meaning of Division
6.7
of the SIS Regulations or Division
4.5
of the RSA Regulations) that:
(i)
the taxpayer has applied to split under regulation
6.44
of the SIS Regulations; or
(ii)
the taxpayer has applied to split under
4.41
of the RSA Regulations; or
(iii)
the taxpayer has applied to have dealt with in a way that would result in the amount becoming a spouse contributions-splitting amount because of subregulation
98B(2)
; and
(c)
the amount mentioned in paragraph (2)(c) must not exceed the amount of untaxed splittable employer contributions (within the meaning of Division
6.7
of the SIS Regulations) that:
(i)
the taxpayer has applied to split under regulation
6.44
of the SIS Regulations; or
(ii)
the taxpayer has applied to split under
4.41
of the RSA Regulations; or
(iii)
the taxpayer has applied to have dealt with in a way that would result in the amount becoming a spouse contributions-splitting amount because of subregulation
98B(2)
.
98C(4)
For subregulation (2):
(a)
the amount mentioned in paragraph (2)(a) must not exceed the amount of taxed splittable contributions (within the meaning of Division
6.7
of the SIS Regulations or Division
4.5
of the RSA Regulations) that the taxpayer has applied to split under regulation
6.44
of the SIS Regulations or regulation
4.41
of the RSA Regulations; and
(b)
the amount mentioned in paragraph (2)(b) must not exceed the amount of untaxed splittable contributions (within the meaning of Division
6.7
of the SIS Regulations or Division
4.5
of the RSA Regulations) that the taxpayer has applied to split under regulation
6.44
of the SIS Regulations or regulation
4.41
of the RSA Regulations.
Reg 98C amended by SLI No 187 of 2006 and inserted by SLI No 327 of 2005.
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