Taxation Laws Amendment Act (No. 4) 1994 (181 of 1994)

Schedule 3   AMENDMENTS RELATING TO SUPERANNUATION

Part 1   FRINGE BENEFITS TAX ASSESSMENT ACT 1986

2   Subsection 136(1) (definition of 'fringe benefit')

(a) Omit paragraph (j), substitute:

"(j) a benefit constituted by:

(i) the making of a payment of money to a superannuation fund (as defined by subsection 6(1) of the Income Tax Assessment Act 1936) that the person making the payment had reasonable grounds for believing was a complying superannuation fund (as defined by subsection 267(1) of the Income Tax

Assessment Act 1936); or

(ii) the making of a payment of money to a non-resident superannuation fund (within the meaning of section 6E of the Income Tax Assessment Act 1936) in respect of a person who is an exempt visitor to Australia for the purposes of section 517 of that Act in relation to the year of income in which the

payment is made;".

(b) Insert after paragraph (k):

"(ka) an 'exempt resident foreign termination payment', or an 'exempt non-resident foreign termination payment', as defined by subsection 27A(1) of the Income Tax Assessment Act 1936;

(kb) a payment to which section 27CAA or 27CE of the Income Tax Assessment Act 1936 applies;".


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