Taxation Laws Amendment Act (No. 6) 2001 (169 of 2001)
Schedule 3 Superannuation fund residence requirements
Income Tax Assessment Act 1936
2 After subsection 6E(1)
Insert:
(1A) 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.
(1B) 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.
(1C) 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).
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