Income Tax Assessment Act 1936

SCHEDULE 2D - TAX EXEMPT ENTITIES THAT BECOME TAXABLE  

Division 57 - Tax exempt entities that become taxable  

Subdivision 57-F - Superannuation deductions  

SECTION 57-45  

57-45   DEDUCTION FOR SURPLUS TO MEET DEFINED BENEFIT SUPERANNUATION SCHEME LIABILITIES  

If:

(a) at the transition time, according to a particular defined benefit superannuation scheme ' s accounts, an amount is available to meet liabilities of the transition taxpayer under the scheme to provide superannuation benefits for, or for dependants of, employees of the transition taxpayer; and

(b) the amount exceeds the total value (as worked out according to actuarial principles) of the liabilities of that kind that have accrued as at the transition time; and

(c) before the transition time, the transition taxpayer makes a written election that the excess is to be used solely to meet liabilities of that kind accruing after the transition time, and the excess is later used solely to meet such liabilities;

the excess is an allowable deduction of the transition taxpayer for the transition year.