Superannuation Legislation Amendment Act 2010 (117 of 2010)

Schedule 4   Other amendments

Part 1   Notices of intent to deduct

Income Tax Assessment Act 1997

16   Subsection 295-490(1) (after table item 2)

Insert:

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 295-490(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