Document ID: chunk:federal_register_of_legislation:C2025C00014:section:128a:p4
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 128A (pt 4/4)
Character Range: 1215885–1217134

by way of the making of loans.
 (9) For the purposes of this Division:
 (a) a reference to particular loan moneys (including the reference in paragraph (b)) includes a reference to moneys that, in the opinion of the Commissioner, represent those loan moneys; and
 (b) without limiting the generality of paragraph (a):
 (i) moneys received by way of repayment of a loan made out of particular loan moneys; and
 (ii) moneys received in respect of shares in the capital of a company, being shares purchased or subscribed for by the expenditure of particular loan moneys, upon a sale of the shares, a return of capital by the company or liquidation of the company;
  shall be deemed to represent those loan moneys.
 (10) For the purposes of this Division, the trustee of a provident, benefit, superannuation or retirement fund is a non‑resident at a particular time if, and only if, the fund is a foreign superannuation fund at that time.
 (11) If, apart from this subsection, there is, in relation to a fund, no person who is a trustee of the fund for the purposes of this Division, the person, or each of the persons, who manages the fund is taken, for the purposes of this Division, to be the trustee, or a trustee, as the case requires, of the fund.