Taxation Laws Amendment Act (No. 3) 1997 (147 of 1997)

Schedule 10   Rebate for superannuation contributions made on behalf of a low-income or non-working spouse

Income Tax Assessment Act 1936

2   Section 159TC (definition of eligible spouse contributions )

Repeal the definition, substitute:

eligible spouse contributions , in relation to a taxpayer, means contributions made by a taxpayer in relation to a person who is the taxpayer's spouse at the time those contributions are made and the taxpayer is not entitled to a deduction under section 82AAC (including a deduction under that section due to the operation of section 82AADA) in relation to the contributions and:

(a) the contributions are made to a fund where:

(i) the fund is a complying superannuation fund in relation to the year of income of the fund in which the contributions are made; and

(ii) the contributions are made to obtain superannuation benefits for the spouse or, in the event of the death of the spouse, for dependants of the spouse; or

(b) the contributions are made to an RSA to obtain superannuation benefits for the spouse or, in the event of the death of the spouse, for dependants of the spouse.