CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-30
-
SUPERANNUATION
History
Part 3-30 inserted by
No 9 of 2007
, s 3 and Sch 1 item 1, applicable to the 2007-2008 income year and later years.
Division 293
-
Sustaining the superannuation contribution concession
History
Div 293 inserted by No 82 of 2013, s 3 and Sch 3 item 1, effective 28 June 2013.No 82 of 2013, s 3 and Sch 3 item 39 contains the following application provision:
39 Application
(1)
Subject to this item, the amendments made by Parts 1 and 2 of this Schedule apply to the 2012-13 income year and later income years.
(2)
Subitem (1) does not apply to item 1 of this Schedule.
No retrospective administrative penalty
(3)
Despite subitem (1), the amendments made by this Schedule do not give rise to a liability to an administrative penalty under section
286-75
in Schedule
1
to the
Taxation Administration Act 1953
for failing to do a thing by a particular day, if the day is before the day this Act receives the Royal Assent.
Modification for certain notice provisions
(4)
Despite subitem (1), section
133-75
in Schedule 1 to the
Taxation Administration Act 1953
, as inserted by this Schedule, does not require the Commissioner to give a notice before 1 July 2014.
Subdivision 293-B
-
Sustaining the superannuation contribution concession
History
Subdiv 293-B inserted by No 82 of 2013, s 3 and Sch 3 item 1, effective 28 June 2013. For application provision see note under Div
293
heading.
Low tax contributions
SECTION 293-30
Low tax contributed amounts
293-30(1)
The low tax contributed amounts covered by this section for a
*
financial year are the sum of the contributions covered by subsection
(2)
and the amounts covered by subsection
(5)
for the financial year.
Note:
Low tax contributed amounts covered by this section are modified for State higher level office holders (see Subdivision
293-E
).
Contributions to complying superannuation plans
293-30(2)
A contribution is covered under this section for a
*
financial year if:
(a)
it is made in the financial year to a
*
complying superannuation plan in respect of you; and
(b)
it is included:
(i)
in the assessable income of the
*
superannuation provider in relation to the plan; or
(ii)
by way of a
*
roll-over superannuation benefit, in the assessable income of a
*
complying superannuation fund or
*
RSA provider in the circumstances mentioned in subsection
290-170(5)
(about successor funds).
History
S 293-30(2) amended by No 89 of 2013, s 3 and Sch 1 item 20, by omitting
"
or subsection 290-170(6) (about MySuper products)
"
after
"
subsection 290-170(5) (about successor funds)
"
from para (b)(ii), effective 2 July 2019. For application provision, see note under s
295-190(1)
.
S 293-30(2) amended by No 89 of 2013, s 3 and Sch 1 item 9, by inserting
"
or subsection 290-170(6) (about MySuper products)
"
in para (b)(ii), applicable to income years that include 1 July 2013, and to later income years.
293-30(3)
For the purposes of paragraph
(2)(b)
, disregard:
(a)
table item 5.3 in section
50-25
(about income tax exemption for constitutionally protected funds); and
(b)
Subdivision
295-D
(about excluded contributions).
Exceptions
293-30(4)
Despite subsection
(2)
, a contribution is not covered under this section if it is any of the following:
(a)
an amount mentioned in subsection
295-200(2)
(about amounts transferred from foreign superannuation funds);
(b)
an amount mentioned in item 2 of the table in subsection
295-190(1)
(about certain roll-over superannuation benefits);
(c)
an amount that the Commissioner pays for your benefit under Part
8
of the
Superannuation Guarantee (Administration) Act 1992
, if:
(i)
the amount represents an amount of a charge payment (within the meaning of section
63A
of that Act) paid as a result of a disclosure to which paragraph
74(1)(a)
of that Act applies; and
(ii)
the entity making the disclosure qualified, under section
74
of that Act, for an amnesty in relation to the
*
superannuation guarantee shortfall to which the charge payment relates.
(d)
(Repealed by No 57 of 2025)
History
S 293-30(4) amended by No 57 of 2025, s 3 and Sch 1 items 93 and 94, by substituting
"
relates.
"
for
"
relates;
"
in para (c)(ii) and repealing para (d), effective 1 July 2026. For application and transitional provisions, see note under s
85-25(4)
. Para (d) formerly read:
(d)
an amount that an entity contributes for your benefit that is offset, under section 23A of that Act, against the entity
'
s liability to pay superannuation guarantee charge (within the meaning of that Act), if:
(i)
the amount represents an amount of a superannuation guarantee charge covered by a disclosure to which paragraph 74(1)(a) of that Act applies; and
(ii)
the entity qualified, under section 74 of that Act, for an amnesty in relation to the superannuation guarantee shortfall to which the superannuation guarantee charge relates.
S 293-30(4) amended by No 21 of 2020, s 3 and Sch 1 item 7, by inserting para (c) and (d), effective 1 April 2020 and applicable in relation to the 2017-18 income year and later income years.
Amounts allocated in relation to a complying superannuation plan
293-30(5)
An amount in a
*
complying superannuation plan is covered under this section if it is allocated by the
*
superannuation provider in relation to the plan for you for the
*
financial year in accordance with conditions specified by a regulation made for the purposes of subsection
291-25(3)
.
History
S 293-30(5) amended by No 118 of 2013, s 3 and Sch 1 item 94, by substituting
"
291-25(3)
"
for
"
292-25(3)
"
, effective 29 June 2013. For application, transitional and saving provisions see note under Div
291
heading.
S 293-30 inserted by No 82 of 2013, s 3 and Sch 3 item 1, effective 28 June 2013. For application provision see note under Div
293
heading.