Document ID: chunk:federal_register_of_legislation:C2014A00133:clause:2_4
Version: federal_register_of_legislation:C2014A00133
Segment Type: clause
Provision Reference: sch 2 cl 4
Character Range: 29413–30189

4  At the end of section 18‑32 in Schedule 1
Add:
 (3) Subsection (4) applies if:
 (a) all or part of an amount (the fund payment part) is represented by a payment that is a *fund payment; and
 (b) under subsection 840‑805(4A) of the Income Tax Assessment Act 1997, a *foreign pension fund is taken, in respect of the fund payment part, to be a beneficiary in its own right, and not a beneficiary in the capacity of the trustee of another trust; and
 (c) there is an *amount withheld from the fund payment under Subdivision 12‑H.
 (4) For the purposes of paragraph (1)(b):
 (a) treat the *foreign pension fund as having borne all or part of the amount withheld; and
 (b) treat a beneficiary of the foreign pension fund as not having borne all or part of the amount withheld.