Superannuation Industry (Supervision) Act 1993

PART 5 - NOTICES ABOUT COMPLYING FUND STATUS  

Division 3 - Complying fund status for tax purposes  

SECTION 48   POOLED SUPERANNUATION TRUST  

48(1)   [Pooled superannuation trust for tax purposes]  

A unit trust is a pooled superannuation trust for the purposes of the Income Tax Assessment Act in relation to a year of income (the current year of income ) if, and only if:

(a) APRA has given a notice to the trustee under section 40 stating that the trust is a pooled superannuation trust in relation to the current year of income; or

(b) APRA has given a notice to the trustee under section 40 stating that the trust is a pooled superannuation trust in relation to a previous year of income and has not given a notice to the trustee under that section stating that the trust was not a pooled superannuation trust in relation to:

(i) the current year of income; or

(ii) a year of income that is:

(A) later than that previous year of income; and

(B) earlier than the current year of income.

48(2)   [Previous year of income]  

Despite section 2 , the previous year mentioned in paragraph (1)(b) may be a year of income earlier than the 1994-95 year of income (see section 49 ).

48(3)   [Notice deemed not given]  

For the purposes of this section, if a notice under section 40 is revoked, or the decision to give the notice is set aside, the notice is taken never to have been given.

48(4)   [Amendment of assessment]  

Section 170 of the Income Tax Assessment Act does not prevent the amendment of an assessment at any time for the purposes of giving effect to subsection (3).

48(5)   [Notice deemed given at beginning of income year]  

For the purposes of this section, if a notice under section 40 is given in relation to a trust in relation to a year of income, the notice is taken to have been given at the beginning of the year of income.