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.
History
Div 290 inserted by
No 9 of 2007
, s 3 and Sch 1 item 1, applicable to the 2007-2008 income year and later years.
Commissioner
'
s Remedial Power
Note:
A Commissioner
'
s Remedial Power modification is relevant to this part of the tax law. Taxation Administration (Remedial Power
-
Work Test for Personal Superannuation Contributions) Determination 2023 (F2023L00564) modifies the operation of s
290-165(1A)
of the
Income Tax Assessment Act 1997
and any other provisions of a taxation law whose operation is affected by the modified operation of s
290-165(1A)
.
The operation of the relevant provision is modified as follows:
For the purposes of s 370-5 in Sch 1 to the
Taxation Administration Act 1953
, s
290-165(1A)
of the
Income Tax Assessment Act 1997
is modified to operate as if:
(a) you also meet the requirement in paragraph
290-165(1A)(a)
if you worked for gain or reward as a covered person for at least 40 hours in any period of 30 consecutive days during the income year in which the contribution was made; and
(b) you also meet the requirement in subparagraph
290-165(1A)(b)(i)
if you worked for gain or reward as a covered person for at least 40 hours in any period of 30 consecutive days during the income year ending before the income year in which the contribution was made.
The modification applies in relation to contributions made on or after 1 July 2022.
An entity must treat a modification as not applying to it or any other entity if the modification would produce a less favourable result for it. The Commissioner is empowered by s
370-5
of Sch
1
to the
Taxation Administration Act 1953
to make modifications, by legislative instrument, to ensure the law is administered to achieve its intended purpose or object.
History
Subdiv 290-B inserted by
No 9 of 2007
, s 3 and Sch 1 item 1, applicable to the 2007-2008 income year and later years.
History
S 290-95 repealed by No 57 of 2025, s 3 and Sch 1 item 92, effective 1 July 2026. For application and transitional provisions, see note under s
85-25(4)
. S 290-95 formerly read:
SECTION 290-95 Amounts offset against superannuation guarantee charge
290-95(1)
You cannot deduct a contribution under this Act if you elect under subsection 23A(1) of the
Superannuation Guarantee (Administration) Act 1992
that the contribution be offset against your liability to pay superannuation guarantee charge.
Note:
Section 26-95 restricts deductions for charges imposed by the
Superannuation Guarantee Charge Act 1992
.
History
S 290-95 amended by No 21 of 2020, s 3 and Sch 1 items 3 and 4, by inserting
"
(1)
"
before
"
You
"
and substituting the note, effective 1 April 2020 and applicable in relation to the 2017-18 income year and later income years. The note formerly read:
Note:
You cannot deduct a charge imposed by the
Superannuation Guarantee Charge Act 1992
: see section
26-95
.
290-95(2)
However, this section does not apply to such a contribution that is made during the amnesty period (within the meaning of subsection 74(3) of the
Superannuation Guarantee (Administration) Act 1992)
, to the extent that the charge relates to a
*
superannuation guarantee shortfall for which you qualify for an amnesty under section 74 of that Act.
History
S 290-95(2) inserted by No 21 of 2020, s 3 and Sch 1 item 5, effective 1 April 2020 and applicable in relation to the 2017-18 income year and later income years.
S 290-95 inserted by
No 9 of 2007
, s 3 and Sch 1 item 1, applicable to the 2007-2008 income year and later years.
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