Taxation Laws Amendment (Superannuation Contributions) Act 2001 (89 of 2001)

Schedule 1   Superannuation contributions

Part 3   Fringe Benefits Tax Assessment Act 1986

9   Subsection 136(1) (subparagraph (j)(ii) of the definition of fringe benefit )

Repeal the subparagraph, substitute:

(ii) the making of a payment of money to a non-resident superannuation fund (within the meaning of section 6E of the Income Tax Assessment Act 1936) where:

(A) the payment is for the purpose of making provision for superannuation benefits for the employee (whether or not the benefits are payable to a dependant of the employee if the employee dies before or after becoming entitled to receive the benefits); and

(B) the employee is an exempt visitor to Australia for the purposes of section 517 of that Act in relation to the year of income in which the payment is made; or