Income Tax Assessment Act 1936
(Repealed by No 15 of 2007 )
View history note
Hide history noteFormer s 6E repealed by
No 15 of 2007
, s 3 and Sch 1 item 1, applicable to the 2007-2008 income year and later years. S 6E formerly read:
For the purposes of this Act, a fund is a resident superannuation fund at a particular time (the
"
relevant time
"
) if, and only if:
SECTION 6E RESIDENT SUPERANNUATION FUNDS AND NON-RESIDENT SUPERANNUATION FUNDS
6E(1)
Resident superannuation fund at a particular time.
(a)
the fund is a provident, benefit, superannuation or retirement fund at the relevant time; and
(b)
either of the following conditions is satisfied:
(i)
the fund was established in Australia;
(ii)
any asset of the fund at the relevant time is situated in Australia; and
(c)
at the relevant time:
(i)
the central management and control of the fund is in Australia; or
(ii)
the fund satisfies subsection (1A) or (1B); and
(d)
in respect of a fund that, at the relevant time, has at least one active member
-
the percentage worked out using the following formula is not less than 50%:
Total of accumulated entitlements of resident active members
at the relevant time
Total of accumulated entitlements of active members at the relevant time
×
100
where:
accumulated entitlement , in relation to an active member of the fund at the relevant time, means:
S 6E(1) amended by No 169 of 2001.
6E(1A) [ Where trustees are individuals]
A fund satisfies this subsection at the relevant time if the trustees of the fund are individuals and at that time:
(a) a trustee or trustees of the fund are temporarily absent from Australia; and
(b) the central management and control of the fund would be in Australia if that trustee or those trustees were in Australia; and
(c) the continuous period for which that trustee or each of those trustees has, at that time, been outside Australia does not exceed:
(i) 2 years; or
(ii) such longer period as is applicable to the circumstances in accordance with the regulations.
S 6E(1A) inserted by No 169 of 2001.
6E(1B) [ Where trustee is a company]
A fund satisfies this subsection at the relevant time if the trustee of the fund is a company and at the relevant time:
(a) a director or directors of the company are temporarily absent from Australia; and
(b) the central management and control of the fund would be in Australia if that director or those directors were in Australia; and
(c) the continuous period for which the director or each of those directors has, at that time, been outside Australia does not exceed:
(i) 2 years; or
(ii) such longer period as is applicable to the circumstances in accordance with the regulations.
S 6E(1B) inserted by No 169 of 2001.
6E(1C) [ Person outside Australia for period]
In applying subsections (1A) and (1B), a person who:
(a) is outside Australia at a particular time; and
(b) returns to Australia for a continuous period of 28 days or less; and
(c) then leaves Australia;
is treated as having been outside Australia for the period referred to in paragraph (b).
S 6E(1C) inserted by No 169 of 2001.
6E(2) Non-resident superannuation fund at a particular time.
For the purposes of this Act, a fund is a non-resident superannuation fund at a particular time if, and only if, the fund:
(a) is a provident, benefit, superannuation or retirement fund at that time; and
(b) is not a resident superannuation fund at that time.
6E(3) Resident superannuation fund in relation to a year of income.
For the purposes of this Act, a fund is a resident superannuation fund in relation to a year of income if, and only if:
(a) the fund is a provident, benefit, superannuation or retirement fund at all times during the year of income when the fund is in existence; and
(b) the fund is a resident superannuation fund at any time during the year of income when the fund is in existence.
6E(4) Non-resident superannuation fund in relation to a year of income.
For the purposes of this Act, a fund is a non-resident superannuation fund in relation to a year of income if, and only if, the fund:
(a) is a provident, benefit, superannuation or retirement fund at all times during the year of income when the fund is in existence; and
(b) is not a resident superannuation fund in relation to the year of income.
6E(4A) Active member of fund.
A member of a fund is an active member of a fund at the relevant time if:
(a) the member is a contributor to the fund at that time; or
(b) another person has made before that time, or makes at or after that time, contributions to the fund on the member ' s behalf in respect of the year of income in which that time occurs.
S 6E(4A) inserted by No 169 of 2001.
6E(4B) [ Not active member of fund]
A member of a fund is not an active member of the fund at the relevant time under paragraph (4A)(b) if:
(a) the member is not a resident of Australia at the relevant time; and
(b) the member has ceased to be a contributor to the fund at the relevant time; and
(c) the only contributions that have been made to the fund on the member ' s behalf after the member ceased to be a resident of Australia have been payments in respect of a time when the member was a resident.
S 6E(4B) inserted by No 169 of 2001.
6E(5) Definitions.
In this section:
active member
(Repealed by No 169 of 2001)
Definition of " active member " repealed by No 169 of 2001.
active member with defined benefits
, in relation to a fund at the relevant time, means an active member of the fund at that time in relation to whom the fund is a defined benefit scheme.
active member without defined benefits
, in relation to a fund at the relevant time, means an active member of the fund at that time in relation to whom the fund is not a defined benefit scheme.
contributions
, in relation to a fund, includes:
(a) payments of shortfall components within the meaning of the Superannuation Guarantee (Administration) Act 1992 ; and
(b) amounts paid to the fund that are taken to be rolled over for the purposes of Subdivision AA of Division 2 of Part III .
defined benefit scheme
has the meaning that
defined benefit superannuation scheme
would have for the purposes of the
Superannuation Guarantee (Administration) Act 1992
if subsections 6A(2) to (4) of that Act had not been enacted;
value
has the same meaning as in the
Superannuation Industry (Supervision) Act 1993
.
Former s 6E inserted by No 181 of 1994, repealed by No 97 of 1989 and inserted by No 138 of 1987.
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