INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-30 - SUPERANNUATION  

Division 293 - Sustaining the superannuation contribution concession  

Subdivision 293-E - Modifications for constitutionally protected State higher level office holders  

Operative provisions

SECTION 293-145   Who this Subdivision applies to  

293-145(1)  
This Subdivision applies to an individual for an income year if:


(a) the individual has a * superannuation interest in a * constitutionally protected fund in the corresponding * financial year; and


(b) at any time in the income year, the individual is declared by regulation to be an individual to whom this Subdivision applies.

293-145(2)  


Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a regulation made for the purposes of paragraph (1)(b).

293-145(2A)  


Despite subsection 12(1A) (retrospective commencement of legislative instruments) of the Legislation Act 2003 , a regulation made for the purposes of paragraph (1)(b) must not commence before 1 July 2012.

293-145(3)  
Nothing in this Subdivision limits section 6 of the Superannuation (Sustaining the Superannuation Contribution Concession) Imposition Act 2013 .

Note:

Section 6 of the Superannuation (Sustaining the Superannuation Contribution Concession) Imposition Act 2013 provides that Division 293 tax is not imposed in relation to a person if the imposition would exceed the legislative power of the Commonwealth.


 

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