Tax Laws Amendment (2007 Measures No. 3) Act 2007 (79 of 2007)

Schedule 2   Transitional excess non-concessional contributions

Income Tax (Transitional Provisions) Act 1997

2   At the end of section 292-80

Add:

(7) A contribution is covered under this subsection if:

(a) the contribution is made in respect of the person mentioned in subparagraph (3)(b)(iii) by another entity; and

(b) the person is not an employee of the other entity; and

(c) under Division 295 of the Income Tax Assessment Act 1997 (as that Division applies for the purposes of subsection (3)), the contribution is included in the assessable income of the superannuation provider in relation to the superannuation plan to which the contribution is made; and

(d) the contribution is made after 6 December 2006.

(8) For the purposes of paragraph (7)(b), treat the person as an employee of the other entity if the person would be treated as an employee of the other entity under Division 290 of the Income Tax Assessment Act 1997 (as that Division applies for the purposes of subsection (3)).