Retirement Savings Accounts Regulations 1997

PART 4 - PAYMENT STANDARDS  

Division 4.5 - Spouse contributions-splitting amounts  

REGULATION 4.38   MEANING OF TAXED SPLITTABLE CONTRIBUTION AND UNTAXED SPLITTABLE CONTRIBUTION  

4.38(1)   [Taxed splittable contribution]  

Subject 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.

4.38(2)   [Amounts that are not taxed splittable contributions]  

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.

4.38(3)   [Amounts that are not untaxed splittable contributions]  

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.

4.38(4)   [Amounts that are not untaxed splittable contributions]  

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.