Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 305.5

Tax treatment of superannuation benefits from certain Australian non-complying superannuation funds

                   A * superannuation benefit that you receive from a * non-complying superannuation fund that is an * Australian superannuation fund (for the income year in which the benefit is paid) is * exempt income if:

                     (a)  the fund:

                              (i)  has never been a * complying superannuation fund; or

                             (ii)  last stopped being a complying superannuation fund for the income year in which 1 July 1995 occurred or a later income year; and

                     (b)  the fund:

                              (i)  has never been a * foreign superannuation fund; or

                             (ii)  last stopped being a foreign superannuation fund for the income year in which 1 July 1995 occurred or a later income year.

Table of sections

Application of Subdivision

305-55      Restriction to lump sums received from certain foreign superannuation funds

Lump sums received within 6 months after Australian residency or termination of foreign employment etc.

305-60      Lump sums tax free--foreign resident period

305-65      Lump sums tax free--Australian resident period

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

305-70      Lump sums received more than 6 months after Australian residency or termination of foreign employment etc.

305-75      Lump sums-- applicable fund earnings

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

Application of Subdivision



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