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INCOME TAX ASSESSMENT ACT 1997 - SECT 307.350

Untaxed plan cap amount

  (1)   Your untaxed plan cap amount for a * superannuation plan at the start of the 2007 - 2008 income year is $1,000,000.

Reductions and increases

  (1A)   Subsection   (2) applies if:

  (a)   you receive one or more * superannuation member benefits from a * superannuation plan at a time; and

  (b)   the benefit, or one or more of the benefits:

  (i)   is a * superannuation lump sum; and

  (ii)   includes an * element untaxed in the fund.

  (2)   Reduce your untaxed plan cap amount just after that time:

  (a)   if the total of the * elements untaxed in the fund of the * superannuation member benefits to which paragraph   (1A)(b) applies falls short of your untaxed plan cap amount at that time--by that total; or

  (b)   otherwise--to nil.

  (2A)   For the purposes of subsections   (1A) and (2), disregard subsection   307 - 5(8).

  (2B)   For the purposes of the application of this section in relation to * superannuation lump sums paid by the Commissioner under subsections   17(2), 20H(2), (2AA), (2A) and (3), 20QF(2), 21E(2), 22B(2) and 24G(2) of the Superannuation (Unclaimed Money and Lost Members) Act 1999 , treat all such lump sums as if they were paid from a single * superannuation plan.

  (3)   At the start of each income year after the 2007 - 2008 income year, increase your untaxed plan cap amount for the * superannuation plan by the amount (if any) by which the index amount for that income year exceeds the index amount for the previous income year.

  (4)   For the purposes of subsection   (3), the index amount for the 2007 - 2008 income year is $1,000,000. The index amount is then indexed annually.

Note:   Subdivision   960 - M shows how to index amounts. However, annual indexation does not necessarily increase the index amount: see section   960 - 285.

Table of sections

307 - 400   Meaning of service period for a superannuation lump sum


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