INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-10 - FINANCIAL TRANSACTIONS  

Division 235 - Particular financial transactions  

Subdivision 235-I - Instalment trusts  

Operative provisions

SECTION 235-840   235-840   What trusts are covered - limited recourse borrowings by regulated superannuation funds  


This section covers a trust if:


(a) under an *arrangement, an asset or assets (the underlying investment ) is acquired by the trustee of the trust for the benefit of a trustee of a *regulated superannuation fund to secure a *borrowing; and


(b) until the borrowing is repaid, the arrangement is covered by:


(i) the exception in subsection 67A(1) of the Superannuation Industry (Supervision) Act 1993 (which is about limited recourse borrowing arrangements); or

(ii) the exception in former subsection 67(4A) of that Act (which was about instalment warrants).

 

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