Tax Laws Amendment (2004 Measures No. 2) Act 2004 (83 of 2004)

Schedule 9   Overseas superannuation payments

Income Tax Assessment Act 1936

1   Subsection 27A(1) (subparagraph (e)(iv) of the definition of undeducted contributions )

Repeal the subparagraph, substitute:

(iv) no deductions are allowable or have been allowed to the taxpayer or to the other person in respect of the contributions;

but does not include so much of the ETP as is attributable to an amount paid from an eligible non-resident non-complying superannuation fund to a complying superannuation fund, to the extent that the amount has been treated as a taxable contribution under paragraph 274(10)(c) or (d).

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