Income Tax Assessment Act 1936
View history note
Hide history noteDiv 3 heading inserted by No 172 of 1978.
Subdiv AB repealed by No 15 of 2007, s 3 and Sch 1 item 5, applicable to the 2007-2008 income year and later years.
Subdivision AB of Div 3 inserted by No 124 of 1980.
(Repealed by No 15 of 2007)
Former s 82AAS repealed by No 15 of 2007, s 3 and Sch 1 item 5, applicable to the 2007-2008 income year and later years. S 82AAS formerly read:
"Commission
'
s superannuation principles"
Former definition of
"
Commission
'
s superannuation principles
"
inserted by No 108 of 1987.
SECTION 82AAS INTERPRETATION
82AAS(1)
In this Subdivision, unless the contrary intention appears:
(Omitted by No 208 of 1992)
complying superannuation fund
means a fund that is a complying superannuation fund, within the meaning of Part
IX
, in relation to the year of income.
Definition of " complying superannuation fund " inserted by No 97 of 1989.
contributions-splitting ETP
has the meaning given by subsection
27A(1)
.
Definition of " contributions-splitting ETP " inserted by No 148 of 2005.
dependant
has the same meaning as in the
Superannuation Industry (Supervision) Act 1993
.
Definition of " dependant " substituted by No 82 of 1993 and No 138 of 1987.
eligible employment
, in relation to a person, means:
(a) the holding of any office or appointment; or
(b) the performance of any functions or duties; or
(c) the engaging in of any work; or
(d) the doing of any acts or things;
that results in the person being treated as an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 (assuming that subsection 12(11) of that Act had not been enacted).
Definition of " eligible employment " inserted by No 208 of 1992.
eligible person
has the meaning given by subsection (2).
Definition of " eligible person " inserted by No 135 of 1990.
"eligible superannuation fund"
(Omitted by No 97 of 1989)
Former definition of " eligible superannuation fund " substituted by No 138 of 1987 and inserted by No 108 of 1987.
"industrial tribunal"
(Omitted by No 208 of 1992)
Former definition of " industrial tribunal " inserted by No 108 of 1987.
"qualifying superannuation fund"
(Omitted by No 138 of 1987)
Former definition of " qualifying superannuation fund " amended by No 49 of 1985, No 47 of 1984 and No 108 of 1981.
"superannuation agreement"
(Omitted by No 208 of 1992)
Former definition of " superannuation agreement " inserted by No 108 of 1987.
"superannuation agreement contributions"
(Omitted by No 208 of 1992)
Definition of " superannuation agreement contributions " inserted by No 108 of 1987.
"superannuation contributions"
(Omitted by No 208 of 1992)
Former definition of " superannuation contributions " amended by No 97 of 1989 and inserted by No 108 of 1987.
"unsupported eligible person"
(Omitted by No 208 of 1992)
Definition of " unsupported eligible person " substituted by No 80 of 1992.
Former definition of " unsupported eligible person " inserted by No 135 of 1990.
82AAS(2)
A person (in this subsection referred to as the relevant person ) is an eligible person in relation to a year of income for the purposes of this Subdivision unless:
(a) during the whole or a part of the year of income circumstances existed by reason of which it was reasonable to expect that superannuation benefits would be provided for the relevant person in the event of the retirement of the relevant person or for dependants of the relevant person in the event of the death of the relevant person (whether or not any condition other than the retirement or death of the relevant person would be required to be satisfied in order that those benefits be provided); and
(b) to the extent to which those benefits would be attributable to the year of income:
(i) the benefits would be wholly or partly attributable to contributions made, or required to be made, in relation to the year of income:
(A) to a superannuation fund of the relevant person; and
(B) by someone other than the relevant person; and
(C) in connection with the eligible employment of the relevant person in the year of income; or
(ii) the benefits would, in whole or in part, be paid in relation to the year of income:
(A) out of money (other than contributions made to a superannuation fund) of someone other than the relevant person; and
(B) in connection with the eligible employment of the person in the year of income.
S 82AAS(2) amended by No 111 of 2003, No 208 of 1992, No 135 of 1990 and No 108 of 1981.
82AAS(2A)
(Omitted by No 208 of 1992)
S 82AAS(3) substituted for s 82AAS(2A) by No 208 of 1992.
Former s 82AAS(2A) inserted by No 108 of 1987.
82AAS(3)
If:
(a) during a period, or a combination of periods, in a year of income, a person was engaged in particular eligible employment; and
(b) either:
(i) both:
(A) the person ' s assessable income, or the person ' s exempt income, of the year of income, or the person ' s reportable fringe benefits total for the year of income, includes one or more amounts attributable to that eligible employment; and
(B) the total of the amounts mentioned in sub-subparagraph (A) is less than 10% of the total of the person ' s assessable income of the year of income and reportable fringe benefits total (if any) for the year of income; or
(ii) the person ' s assessable income, or the person ' s exempt income, of the year of income, or the person ' s reportable fringe benefits total for the year of income, does not include any amount attributable to that eligible employment;
a reference in subsection (2) to superannuation benefits does not include a reference to superannuation benefits to the extent to which:
(c) they would be attributable to, or paid out of money representing:
(i) contributions made, or required to be made, in relation to the person in connection with that eligible employment; or
(ii) income or accretions arising from such contributions; or
(d) they would otherwise be attributable to that eligible employment.
S 82AAS(3) amended by No 111 of 2003, No 17 of 1999 and substituted for s 82AAS(2A) by No 208 of 1992.
Former s 82AAS(3) omitted by No 135 of 1990.
82AAS(4)
For the purposes of subsection (2), if:
(a) a payment of superannuation guarantee charge, or related penalty charge, is made for a quarter; and
(b) there is a shortfall component for the payment in relation to a particular employee; and
(c) that component is paid to a fund in accordance with paragraph 65(1)(a) or (b) of the Superannuation Guarantee (Administration) Act 1992 ;
then:
(d) that component is taken to have been so paid to the fund before the end of the financial year within which the quarter falls; and
(e) a benefit attributable to that component is taken to have been attributable to a contribution made to the fund in relation to the employee by the employer of the employee; and
(f) the circumstances which led to the making of that contribution are taken to have existed during the financial year within which the quarter falls.
S 82AAS(4) amended by No 51 of 2002, No 53 of 1995 and inserted by No 208 of 1992.
82AAS(5)
For the purposes of subsection (2), if:
(a) a payment of superannuation guarantee charge, or related penalty charge, is made for a quarter; and
(b) there is a shortfall component for the payment in relation to a particular employee; and
(c) that component is paid to the employee in accordance with section 65A or 66 of the Superannuation Guarantee (Administration) Act 1992 ;
then:
(d) that component is taken to have been so paid to the employee before the end of the financial year within which the quarter falls; and
(e) that component is taken to have been attributable to a contribution made to a superannuation fund in relation to the employee by the employer of the employee; and
(f) the circumstances which led to the payment of that component are taken to have existed during the financial year within which the quarter falls.
S 82AAS(5) amended by No 51 of 2002 and inserted by No 208 of 1992.
82AAS(6)
For the purposes of subsection (2), if:
(a) a payment of superannuation guarantee charge, or related penalty charge, is made for a quarter; and
(b) there is a shortfall component for the payment in relation to a particular employee; and
(c) that component is paid to the legal personal representative of the employee in accordance with section 67 of the Superannuation Guarantee (Administration) Act 1992 ;
then:
(d) that component is taken to have been paid to the employee before the end of the financial year within which the quarter falls because of the retirement of the employee; and
(e) that component is taken to have been attributable to a contribution made to a superannuation fund in relation to the employee by the employer of the employee; and
(f) the circumstances which led to the payment of that component are taken to have existed during the financial year within which the quarter falls.
S 82AAS(6) amended by No 51 of 2002 and inserted by No 208 of 1992.
82AAS(7)
An expression used in subsection (4), (5) or (6) and in the Superannuation Guarantee (Administration) Act 1992 has the same meaning in that subsection as it has in that Act.
S 82AAS(7) inserted by No 208 of 1992.
82AAS(8)
For the purposes of subsection (2), if:
(a) during an individual ' s year of income, another person makes, or purports to make, a deposit under the Small Superannuation Accounts Act 1995 in respect of the individual; and
(b) the deposit or purported deposit, as the case may be, was made in respect of a particular period of employment of the individual;
then:
(c) the deposit or purported deposit, as the case may be, is taken to be a contribution made to a superannuation fund in relation to the individual by the other person; and
(d) throughout the period when the balance of the individual ' s account is attributable, in whole or in part, to the deposit or purported deposit, as the case may be, circumstances are taken to have existed by reason of which it was reasonable to expect that superannuation benefits would be provided for the individual in the event of the retirement of the individual; and
(e) those benefits are taken to have been attributable to each year of income in which any part of the period of employment occurred; and
(f) those benefits are taken to have been attributable to those contributions.
S 82AAS(8) inserted by No 53 of 1995.
82AAS(9)
Subsection (8) has effect despite section 9 of the Small Superannuation Accounts Act 1995 .
S 82AAS(9) inserted by No 53 of 1995.
82AAS(10)
For the purposes of subsection (2), if:
(a) during an individual ' s year of income, an amount was credited to the individual ' s account under paragraph 65(1)(c) of the Superannuation Guarantee (Administration) Act 1992 ; and
(b) the credit was attributable to a particular period of employment of the individual;
then:
(c) the credit is taken to be a contribution made to a superannuation fund in relation to the individual by the other person; and
(d) throughout the period when the balance of the individual ' s account is attributable, in whole or in part, to the credit, circumstances are taken to have existed by reason of which it was reasonable to expect that superannuation benefits would be provided for the individual in the event of the retirement of the individual; and
(e) those benefits are taken to have been attributable to each year of income in which any part of the period of employment occurred; and
(f) those benefits are taken to have been attributable to those contributions.
S 82AAS(10) inserted by No 53 of 1995.
82AAS(11)
Subsection (10) has effect despite section 9 of the Small Superannuation Accounts Act 1995 .
S 82AAS(11) inserted by No 53 of 1995.
82AAS(12)
An expression used in subsection (8) or (10) and in the Small Superannuation Accounts Act 1995 has the same meaning in that subsection as it has in that Act.
S 82AAS(12) inserted by No 53 of 1995.
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