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INCOME TAX ASSESSMENT ACT 1997 - SECT 295.400

Income of a PST attributable to current pension liabilities

  (1)   This proportion of the * ordinary income and * statutory income that would otherwise be assessable income of a * pooled superannuation trust is * exempt income:

Start formula start fraction Average number of units in the trust during the income year that are *segregated current pension assets of unitholders that are *complying superannuation funds over Average number of units in the trust during the income year end fraction end formula

Exceptions

  (2)   Subsection   (1) does not apply to:

  (a)   * non - arm's length income; or

  (b)   amounts included in assessable income under item   1 of the table in section   295 - 320.

Alternative exemption

  (3)   However, the trustee of the * pooled superannuation trust can choose that a different amount be * exempt income of the trust under this section if a percentage of the assessable income of the trust would have been exempt income under section   295 - 385 or 295 - 390 if it had been * derived instead by the unitholders in the trust in proportion to their holdings.

  (4)   That percentage of the trust's * ordinary income and * statutory income is then * exempt income.


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