Income Tax Assessment Act 1997



Division 305 - Superannuation benefits paid from non-complying superannuation plans  

Subdivision 305-B - Superannuation benefits from foreign superannuation funds  

Lump sums to which sections 305-60 and 305-65 do not apply

SECTION 305-80   Lump sums paid into complying superannuation plans - choice  

This section applies if:

(a) section 305-70 applies to a *superannuation lump sum that is paid from a *foreign superannuation fund; and

(b) you are taken to receive the lump sum under section 307-15 ; and

(c) all of the lump sum is paid into a *complying superannuation fund; and

(d) immediately after the lump sum is paid into the complying superannuation fund, you no longer have a *superannuation interest in the foreign superannuation fund.

You may choose for all or part of your *applicable fund earnings worked out under section 305-75 (but not exceeding the amount of the lump sum) to be included in the assessable income of the *complying superannuation plan.


Section 295-200 provides for the amount specified in the choice to be included in the assessable income of the complying superannuation plan.

Your choice:

(a) must be in writing; and

(b) must comply with the requirements (if any) specified in the regulations.


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