Document ID: chunk:federal_register_of_legislation:C2010C00673:body:0:p45
Version: federal_register_of_legislation:C2010C00673
Segment Type: other
Provision Reference: 
Character Range: 109668–112621

(p) of that definition;".
  63. Subsection 27A(1) (definition of "eligible termination
payment"):
Insert after paragraph (k):
  "(ka) an exempt resident foreign termination payment or an
exempt non-resident foreign termination payment;".
  64. Subsection 27A(1):
Insert:
  "'approved project' has the same meaning as in section 23AF;
  'eligible foreign remuneration' has the same meaning as in
section 23AF;
  'exempt resident foreign termination payment', in relation to
a taxpayer, means a payment made in respect of the taxpayer:
  (a) that:
    (i) is made otherwise than from a superannuation fund (as
defined by subsection 6(1)), in consequence of the termination
of the taxpayer's employment or the termination of the
qualifying service in relation to a project (whether or not the
qualifying service was terminated in consequence of the
termination of the project); and
    (ii) would, apart from paragraphs (ka) and (ma) of the
definition of 'eligible termination payment', be an eligible
termination  payment; or
  (b) that:
    (i) is made from an eligible non-resident non-complying
superannuation fund within 6 months after the termination of
the employment or qualifying service mentioned in subparagraph
        (a)(i); and
    (ii) had the fund been a superannuation fund, would, apart
from paragraphs (ka) and (ma) of the definition of 'eligible
termination payment', be an eligible termination payment;
where:
  (c) if the payment related to the termination of employment:
    (i) the employment was service in a foreign country as the
holder of an office or in the capacity of an employee; and
    (ii) the taxpayer was a resident of Australia throughout
the period of the employment; and
    (iii) the taxpayer's foreign earnings from the employment
(other than the payment) are exempt from tax under section
23AG; and
    (iv) the payment related solely to the period of the
employment; and
    (v) the payment is not exempt from taxation under the law
of the foreign country; or
  (d) if the payment related to the termination of qualifying
service:
    (i) the project was an approved project; and
    (ii) the taxpayer was a resident of Australia throughout
the period of the qualifying service; and
    (iii) eligible foreign remuneration (other than the
payment) derived by the taxpayer that was attributable to the
qualifying service is exempt from tax under section 23AF; and
    (iv) the payment related solely to the period of the
qualifying service; and
    (v) the payment is not exempt from taxation under the law
of the country from sources in which the eligible foreign
remuneration in relation to the qualifying service was derived;
  'exempt non-resident foreign termination payment', in
relation to a taxpayer, means:
  (a) a payment made in respect of the taxpayer to which the
following subparagraphs apply:
    (i) the payment is made otherwise than from a
superannuation fund (as defined by subsection 6(1)) in