Retirement Savings Accounts Regulations 1997
PART 4
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PAYMENT STANDARDS
Division 4.5
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Spouse contributions-splitting amounts
REGULATION 4.38
MEANING OF
TAXED SPLITTABLE CONTRIBUTION
AND
UNTAXED SPLITTABLE CONTRIBUTION
4.38(1)
[Taxed splittable contribution]
(a) a contribution that will be included in the assessable income of an entity as:
(b) made on or after 1 January 2006.
4.38(2)
[Amounts that are not taxed splittable contributions]
(a) a roll-over superannuation benefit within the meaning of Division 306 of the 1997 Tax Act;
(b) an amount allotted under this Division;
(c) a superannuation lump sum that is paid from a foreign superannuation fund.
4.38(3)
[Amounts that are not untaxed splittable contributions]
(a) a payment made to a superannuation fund by an employer, or by another person under an agreement to which the employer is a party, for the purpose of providing superannuation benefits for, or for dependants of, an employee of the employer;
(b) a roll-over superannuation benefit within the meaning of Division 306 of the 1997 Tax Act;
(c) an amount allotted under this Division;
(d) a superannuation lump sum that is paid from a foreign superannuation fund.
4.38(4)
[Amounts that are not untaxed splittable contributions]
(a) a payment made to an RSA by an employer, or by another person under an agreement to which the employer is a party, for the purpose of providing RSA benefits for, or for dependants of, an employee of the employer;
(b) an amount that has been rolled over, transferred or allotted;
(c) a lump sum payment from an eligible non-resident non-complying superannuation fund.
View history note
Hide history noteSubject to subregulation (2), a taxed splittable contribution is a contribution that is:
(a) a contribution that will be included in the assessable income of an entity as:
(i) a taxable contribution for section 274 of the Tax Act; or
(ii) a contribution under Subdivision 295-C of the 1997 Tax Act; or
(b) made on or after 1 January 2006.
Each of the following is not a taxed splittable contribution :
(a) a roll-over superannuation benefit within the meaning of Division 306 of the 1997 Tax Act;
(b) an amount allotted under this Division;
(c) a superannuation lump sum that is paid from a foreign superannuation fund.
Each of the following is not an untaxed splittable contribution :
(a) a payment made to a superannuation fund by an employer, or by another person under an agreement to which the employer is a party, for the purpose of providing superannuation benefits for, or for dependants of, an employee of the employer;
(b) a roll-over superannuation benefit within the meaning of Division 306 of the 1997 Tax Act;
(c) an amount allotted under this Division;
(d) a superannuation lump sum that is paid from a foreign superannuation fund.
Each of the following is not an untaxed splittable contribution :
(a) a payment made to an RSA by an employer, or by another person under an agreement to which the employer is a party, for the purpose of providing RSA benefits for, or for dependants of, an employee of the employer;
(b) an amount that has been rolled over, transferred or allotted;
(c) a lump sum payment from an eligible non-resident non-complying superannuation fund.
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