Tax Laws Amendment (2009 Measures No. 6) Act 2010 (19 of 2010)

Schedule 2   Loss relief for merging superannuation funds

Part 2   Other amendments

Income Tax Assessment Act 1997

9   At the end of section 290-170

Add:

Application to merging superannuation funds

(5) If:

(a) after making your contribution, a choice is made under Subdivision 310-B in relation to the *superannuation fund (the original fund ), another superannuation fund (the continuing fund ) and an *arrangement; and

(b) under the arrangement, you became a member (within the meaning of the Superannuation Industry (Supervision) Act 1993) of the continuing fund; and

(c) you did not give a notice under subsection (1) in relation to the contribution while you were a member (within the meaning of the Superannuation Industry (Supervision) Act 1993) of the original fund;

then subsections (1) to (4), and section 290-180, apply as if:

(d) references in those provisions to the fund were references to the continuing fund; and

(e) references in those provisions to the trustee were references to the trustee of the continuing fund.