Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p3
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 3/7)
Character Range: 4633046–4635853

fund that was a *foreign superannuation fund for the income year in relation to a member of the foreign fund to the extent that the amount transferred exceeds amounts vested in the member at the time of the transfer.
 (2) The assessable income of a fund that is a *complying superannuation fund for the income year includes so much of an amount transferred to the fund from a fund that was a *foreign superannuation fund for the income year as is specified in a choice made by a former member of the foreign fund under section 305‑80.
 (3) The amount is included in the income year in which the transfer happens.
 (4) This section also applies to an amount transferred from a scheme for the payment of benefits in the nature of superannuation upon retirement or death that:
 (a) is not, and never has been, an *Australian superannuation fund or a *foreign superannuation fund; and
 (b) was not established in Australia; and
 (c) is not centrally managed or controlled in Australia.

Application of tables to RSA providers

295‑205  Application of tables to RSA providers
  The tables in this Subdivision apply to *RSA providers only to the extent that amounts are paid to *RSAs they provide.

Former constitutionally protected funds

295‑210  Former constitutionally protected funds
 (1) This section applies to a *complying superannuation fund for an income year if the fund ceased to be a *constitutionally protected fund during the year or at the end of the previous year.
 (2) The assessable income of the fund for the income year includes the sum of the *roll‑over superannuation benefits to the extent that they consist of the *element untaxed in the fund of the *taxable component that would be included in that assessable income if all contributions and earnings accumulated in the fund when the fund ceased to be a *constitutionally protected fund:
 (a) had been paid out of the fund immediately before it ceased to be a constitutionally protected fund; and
 (b) were paid to the fund as roll‑over superannuation benefits immediately after that time.

Subdivision 295‑D—Contributions excluded

Table of sections
295‑260 Transfer of liability to investment vehicle
295‑265 Application of pre‑1 July 88 funding credits
295‑270 Anticipated funding credits

295‑260  Transfer of liability to investment vehicle
 (1) The *superannuation provider in relation to a *complying superannuation fund or a *complying approved deposit fund (the transferor) may reduce the amount that would otherwise be included in the fund's assessable income for an income year under Subdivision 295‑C by agreement with another entity (the transferee) in which it holds investments.

What the transferee must be
 (2) The transferee must be a *life insurance company or a *pooled superannuation trust.
Note: Amounts transferred