INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-30 - SUPERANNUATION  

Division 295 - Taxation of superannuation entities  

Subdivision 295-A - Provisions of general operation  

SECTION 295-5   Entities to which Division applies  

295-5(1)  
This Division applies to these entities:


(a) a *complying superannuation fund;


(b) a *non-complying superannuation fund;


(c) a *complying approved deposit fund;


(d) a *non-complying approved deposit fund;


(e) a *pooled superannuation trust;

whether they are established by an *Australian law, by a public authority constituted by or under such a law or in some other way.

295-5(2)  
The *superannuation provider in relation to an entity referred to in paragraph (1)(a) to (d) is liable to pay tax on the taxable income of the entity.

Note:

A superannuation provider in relation to an entity referred to in paragraphs (1)(a) and (b) or in relation to an RSA is liable to pay tax on the no-TFN contributions income of the entity: see section 295-605 .

295-5(3)  
The trustee of a *pooled superannuation trust is liable to pay tax on the taxable income of the trust.

295-5(4)  
This Division also applies to an *RSA provider that is not a *life insurance company.

Note 1:

Division 320 deals with RSA providers that are life insurance companies.

Note 2:

However, Subdivisions 295-I and 295-J apply to RSA providers that are life insurance companies: see section 320-155 .


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