INCOME TAX ASSESSMENT ACT 1997 - SECT 295.270 Anticipated funding credits

INCOME TAX ASSESSMENT ACT 1997 - SECT 295.270

  (1)   Subsection   (2) has effect if the * superannuation provider in relation to a * complying superannuation fund expects a notice to be given under subsection   342(2) of the Superannuation Industry (Supervision) Act 1993 or under regulations made for the purposes of subsection   342(7) of that Act to the effect that pre - 1   July 88 funding credits of a particular amount will be available to the fund for the income year.

  (2)   Section   295 - 265 applies to the fund as if pre - 1   July 88 funding credits of the anticipated amount were available to the fund for the income year (in addition to any other pre - 1   July 88 funding credits available to the fund for the year).

  (3)   However, section   295 - 265 applies to the fund for the income year as if pre - 1   July 88 funding credits of the anticipated amount were not available to the fund for the income year if:

  (a)   it becomes clear that the expected notice will not be given or that the specified amount of pre - 1   July 88 funding credits will not be available; or

  (b)   * APRA does not receive the things referred to in subsection   342(3) of the Superannuation Industry (Supervision) Act 1993 (for a notice expected under subsection   342(2) of that Act) or the things required to be given under regulations made for the purposes of subsection   342(7) of that Act (for a notice under those regulations) before the earlier of:

  (i)   the end of 12 months after the fund's assessment is made for the income year; and

  (ii)   the time the things are required to be given by the regulations.

Table of sections

Amounts included

295 - 320   Other amounts included in assessable income

295 - 325   Previously complying funds

295 - 330   Previously foreign funds

Amounts excluded

295 - 335   Amounts excluded from assessable income