Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-30 - SUPERANNUATION  

Division 295 - Taxation of superannuation entities  

Subdivision 295-G - Deductions  

Other deductions

SECTION 295-490   Other deductions  

295-490(1)    


An entity can deduct amounts as set out in this table.
Note:

For an explanation of the acronyms used, see section 295-35 .


Other deductions
Item This entity: Can deduct: For the income year in which:
1 CSF
N-CSF
CADF
N-CADF
PST
An amount included in the entity ' s assessable income under Subdivision 295-C that is a * fringe benefit The contribution is included in assessable income
2 CSF
* RSA provider
Contributions made to the CSF or *RSA to the extent they have been reduced by a notice under section 290-180 received by the *superannuation provider of the CSF or RSA after it lodged its *income tax return for the income year in which the contributions were made, but only if the provider has not exercised the option mentioned in subsection 295-195(3) The notice is received
2A CSF
*RSA provider
A *roll-over superannuation benefit, to the extent that:
(a) the CSF or *RSA is a *successor fund; and
(b) the benefit relates to a contribution that, before it was transferred to the successor fund, was covered by a valid and acknowledged notice given to any *superannuation provider under section 290-170 ; and
(c) the contribution is reduced by a notice under section 290-180 received by the superannuation provider of the successor fund (whether or not the contribution has previously been reduced by a notice given to any superannuation provider under that section)
The notice mentioned in paragraph (c) is received
2B CSF
*RSA provider
A *roll-over superannuation benefit, to the extent that:
(a) the benefit is included in the assessable income of the CSF or RSA provider under item 2A of the table in subsection 295-190(1) ; and
(b) the relevant contribution has been reduced by a notice under section 290-180 received by the *superannuation provider of the CSF or *RSA after it lodged its *income tax return for the income year in which the transfer occurred; and
(c) the provider has not exercised the option mentioned in subsection 295-197(4)
The notice mentioned in paragraph (b) is received
3 CSF
N-CSF
CADF
N-CADF
A levy imposed by regulations under section 6 of the Superannuation (Financial Assistance Funding) Levy Act 1993 The levy is incurred
4 Entity that is a N-CSF and has been since 1 July 1988, or since it came into existence if that was later An amount paid to an entity who includes it in assessable income under section 290-100 It is included in the entity ' s assessable income
5 CSF N-CSF An amount paid by the *superannuation provider of the CSF or N-CSF to the extent:
(a) the amount is for a cost incurred because of the provision of personal advice (within the meaning of the Corporations Act 2001 ) to a member of the fund about the member ' s interest in the fund (regardless of whether that cost was incurred by the provider, the member or another entity); and
(b) the amount is paid at the request, or with the consent, of the member; and
(c) the provider has a copy of the written request or consent; and
(d) the amount is not incurred in relation to gaining or producing the fund ' s *exempt income or *non-assessable non-exempt income
The superannuation provider paid the amount


295-490(2)    
A fund cannot deduct an amount under item 3 of the table for a levy imposed by regulations under section 6 of the Superannuation (Financial Assistance Funding) Levy Act 1993 to the extent that:

(a)    the levy is remitted; or

(b)    there is a refund or other application of an overpayment of the levy.

295-490(3)    


No other provision of this Act affects a fund ' s *income tax liability in relation to the levy.

 

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