Income Tax Assessment (1997 Act) Regulations 2021
For the purposes of subsection 307-200(1) of the Act, a superannuation interest in a public sector superannuation scheme is to be treated as the 2 superannuation interests referred to in subsection (3) in the circumstances specified in subsection (2).
307-200.03(2)
The interest is to be treated as 2 interests if: (a) the superannuation benefit that is to be paid from the scheme is sourced:
(i) partly from contributions made into the scheme or earnings on those contributions; and
(b) the superannuation benefits that are to be paid from the scheme are sourced:
(ii) partly from one or more other sources; or
(i) partly from contributions made into the scheme or earnings on those contributions; and
(ii) partly from one or more other sources.
307-200.03(3)
The 2 interests are: (a) an interest that consists of the contributions made into the scheme and the earnings on those contributions; and (b) an interest that consists of the remainder of the amount sourced from the other source or sources.
307-200.03(4)
For the purposes of this section, an amount specified in a notice given under subsection 307-285(1) of the Act by the trustee of a scheme is not treated as contributions made into the scheme or earnings on those contributions.
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