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 295
-
Taxation of superannuation entities
History
Div 295 inserted by
No 9 of 2007
, s 3 and Sch 1 item 1, applicable to the 2007-2008 financial year and later years.
Subdivision 295-H
-
Components of taxable income
History
Subdiv 295-H inserted by
No 9 of 2007
, s 3 and Sch 1 item 1, applicable to the 2007-2008 income year and later years.
SECTION 295-555
Components of taxable income
-
RSA providers
295-555(1)
The taxable income of an *RSA provider is split into:
(a)
an *RSA component; and
(b)
(Repealed by No 70 of 2015)
(c)
a *standard component.
Note:
The RSA component is taxed at the same concessional rate that applies to the low tax component of complying superannuation entities (see section
23
of the
Income Tax Rates Act 1986
). The standard component is taxed at the standard company rate.
History
S 295-555(1) amended by No 64 of 2020, s 3 and Sch 3 item 103, by substituting
"
complying superannuation entities
"
for
"
complying superannuation funds, complying approved deposit funds and pooled superannuation trusts
"
in the note, effective 1 July 2020.
S 295-555(1) amended by No 70 of 2015, s 3 and Sch 1 items 90 and 91, by repealing para (b) and substituting
"
is
"
for
"
and the FHSA component (if applicable) are
"
in the note, effective 1 July 2015. Para (b) formerly read:
(b)
if the RSA provider is also an *FHSA provider
-
an *FHSA component; and
S 295-555(1) substituted by No 45 of 2008, s 3 and Sch 1 item 25, effective 26 June 2008. S 295-555(1) formerly read:
295-555(1)
The taxable income of an *RSA provider is split into an *RSA component and a *standard component.
Note:
The RSA component is taxed at the same concessional rate that applies to the low tax component of complying superannuation funds, complying approved deposit funds and pooled superannuation trusts. The standard component is taxed at the standard company rate.
295-555(2)
The
RSA component
for an income year is worked out in this way:
Method statement
Step 1.
Add these amounts included in the provider
'
s assessable income for the income year:
(a) amounts included under Subdivision
295-C
; and
(b) other amounts credited during the year to *RSAs that it provides.
Step 2.
Subtract from the step 1 amount amounts paid from those *RSAs (except benefits for the RSA holders or tax).
Step 3.
The result is the
RSA component
.
295-555(3)
However, if the *RSA component is more than the *RSA provider
'
s taxable income:
(a)
the provider
'
s taxable income is equal to that sum; and
(b)
this Act applies to the provider as if it had a *tax loss for the income year of an amount that would have been that loss if the RSA component were not *ordinary income or *statutory income.
History
S 295-555(3) amended by No 70 of 2015, s 3 and Sch 1 items 92 and 93, by substituting
"
*RSA component
"
for
"
sum of the *RSA component and the *FHSA component (if any)
"
and omitting
"
and the FHSA component (if any)
"
after
"
RSA component
"
from para (b), effective 1 July 2015.
S 295-555(3) substituted by No 45 of 2008, s 3 and Sch 1 item 26, effective 26 June 2008. S 295-555(3) formerly read:
295-555(3)
However, if the amount worked out under subsection (2) is more than the *RSA provider
'
s taxable income:
(a)
the provider
'
s taxable income is equal to the *RSA component; and
(b)
this Act applies to the provider as if it had a *tax loss for the income year of an amount that would have been that loss if the RSA component were not *ordinary income or *statutory income.
295-555(4)
The
standard component
is the remaining part (if any) of the *RSA provider
'
s taxable income for the income year after subtracting the *RSA component.
History
S 295-555(4) amended by No 70 of 2015, s 3 and Sch 1 item 94, by omitting
"
and the FHSA component (if any)
"
after
"
*RSA component
"
, effective 1 July 2015.
S 295-555(4) substituted by No 45 of 2008, s 3 and Sch 1 item 26, effective 26 June 2008. S 295-555(4) formerly read:
295-555(4)
The
standard component
is any remaining part of the *RSA
'
s taxable income for the income year.
S 295-555 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 295-555 inserted by No 9 of 2007.