Tax and Superannuation Laws Amendment (2014 Measures No. 6) Act 2014 (133 of 2014)
Schedule 2 MIT withholding regime for foreign pension funds
Income Tax Assessment Act 1997
2 After subsection 840-805(4)
Insert:
Modification - foreign pension funds
(4A) For the purposes of subsections (2), (3) and (4), if:
(a) the beneficiary, in respect of a fund payment part, is a beneficiary in the capacity of a trustee of another trust; and
(b) the beneficiary is a *foreign pension fund;
the foreign pension fund is taken, in respect of that fund payment part, to be a beneficiary in its own right, and not a beneficiary in the capacity of the trustee of another trust.
(4B) Foreign pension fund means:
(a) an entity, the principal purpose of which is to fund pensions (including disability and similar benefits) for the citizens or other contributors of a foreign country, if:
(i) the entity is a fund established by an *exempt foreign government agency; or
(ii) the entity is established under a *foreign law for an exempt foreign government agency; or
(b) a *foreign superannuation fund that has at least 50 *members.
(4C) If:
(a) a *foreign pension fund is liable to pay income tax on a fund payment part (a taxed part ) because of the operation of subsection (4A); and
(b) you are a beneficiary of the foreign pension fund and are presently entitled to a share of the income or capital of the foreign pension fund;
then, in working out for the purposes of paragraph (4)(b) whether all or part of that share is reasonably attributable to a payment that is a *fund payment, disregard the taxed part.
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