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INCOME TAX ASSESSMENT ACT 1997 - SECT 295.5

Entities to which Division applies

  (1)   This Division applies to these entities:

  (a)   a * complying superannuation fund;

  (b)   a * non - complying superannuation fund;

  (c)   a * complying approved deposit fund;

  (d)   a * non - complying approved deposit fund;

  (e)   a * pooled superannuation trust;

whether they are established by an * Australian law, by a public authority constituted by or under such a law or in some other way.

  (2)   The * superannuation provider in relation to an entity referred to in paragraph   (1)(a) to (d) is liable to pay tax on the taxable income of the entity.

Note:   A superannuation provider in relation to an entity referred to in paragraphs   (1)(a) and (b) or in relation to an RSA is liable to pay tax on the no - TFN contributions income of the entity: see section   295 - 605.

  (3)   The trustee of a * pooled superannuation trust is liable to pay tax on the taxable income of the trust.

  (4)   This Division also applies to an * RSA provider that is not a * life insurance company.

Note 1:   Division   320 deals with RSA providers that are life insurance companies.

Note 2:   However, Subdivisions   295 - I and 295 - J apply to RSA providers that are life insurance companies: see section   320 - 155.



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