Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016 (81 of 2016)

Schedule 7   Tax offsets for spouse contributions

Income Tax Assessment Act 1997

2   After subsection 290-230(4)

Insert:

(4A) You are not entitled to the *tax offset for an income year if:

(a) your *spouse's *non-concessional contributions for the *financial year corresponding to the income year exceed your spouse's *non-concessional contributions cap for the financial year; or

(b) immediately before the start of the financial year, your spouse's *total superannuation balance equals or exceeds the *general transfer balance cap for the financial year.