Document ID: chunk:federal_register_of_legislation:C2011C00517:clause:4_23
Version: federal_register_of_legislation:C2011C00517
Segment Type: clause
Provision Reference: sch 4 cl 23
Character Range: 40439–41560

23  After subsection 290‑85(1A)
Insert:

 (1B) This subsection applies if:
 (a) you make the contribution within 4 months after the person stops being the company's or entity's employee; and
 (b) you would have been entitled to a deduction in relation to the contribution if you had made it while the other person was the company's or entity's employee.

 (1C) This subsection applies if:
 (a) the contribution relates to a *defined benefit interest of the other person; and
 (b) you and the company are at *arm's length with the other person in relation to the contribution; and
 (c) you obtain an *actuary's certificate that:
 (i) complies with the requirements (if any) specified by the regulations for the purposes of this paragraph; and
 (ii) is to the effect that the contribution does not exceed the amount required by the relevant *superannuation fund or *RSA to meet the fund's or RSA's liabilities in connection with defined benefit interests; and
 (d) you would have been entitled to a deduction in respect of the contribution if you had made it while the other person was the company's or entity's employee.