Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p1
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 1/79)
Character Range: 4832066–4835153

3                                                 *RSA payment                              The following:
                                                                                          (a) if some or all of the *superannuation lump sum accrued while you were, or the deceased was, the holder of the *RSA—the period during which you were, or the deceased was, the holder of the RSA;
                                                                                          (b) if some or all of the superannuation lump sum accrued while you were, or the deceased was, employed (or you or the deceased held office)—each period of employment (or of holding office) to which the lump sum relates.

 (2) The service period for the *superannuation lump sum (the later lump sum) also includes each day that is in the *service period for an earlier superannuation lump sum if some or all of the later lump sum is attributable, directly or indirectly, to some or all of the earlier lump sum through the payment of one or more *roll‑over superannuation benefits.

Division 310—Loss relief for merging superannuation funds

Table of Subdivisions
 Guide to Division 310
310‑A Object of this Division
310‑B Choice to transfer losses
310‑C Consequences of choosing to transfer losses
310‑D Choice for assets roll‑over
310‑E Consequences of choosing assets roll‑over
310‑F Choices

Guide to Division 310

310‑1  What this Division is about
      This Division sets out special rules for certain merging superannuation funds. These rules relate to the transfer of losses, the treatment of CGT events related to the merger and the treatment of assets related to the merger.
Note: This Division applies to mergers happening between 24 December 2008 and 30 June 2011 (or, in certain cases, 30 September 2011), or mergers happening on or after 1 October 2011 (see Part 3 of Schedule 2 to the Tax Laws Amendment (2009 Measures No. 6) Act 2010).

Operative provisions

Subdivision 310‑A—Object of this Division

310‑5  Object
  The main object of this Division is to facilitate the consolidation of the superannuation industry by allowing certain merging *superannuation funds to retain the value, for income tax purposes, of certain losses that might otherwise cease to be able to be utilised as a result of the merger.

Subdivision 310‑B—Choice to transfer losses

Table of sections
310‑10 Original fund's assets extend beyond life insurance policies and units in pooled superannuation trusts
310‑15 Original fund's assets include a complying superannuation life insurance policy
310‑20 Original fund's assets include units in a pooled superannuation trust

310‑10  Original fund's assets extend beyond life insurance policies and units in pooled superannuation trusts
 (1) A trustee of:
 (a) a *complying superannuation fund (other than a *self managed superannuation fund) (the transferring entity or the original fund); or
 (b) a *complying approved deposit fund (the transferring entity or the original fund);
can choose to transfer losses if an *arrangement is made for which the conditions