Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 320.185

Transfer of assets to complying superannuation asset pool otherwise than as a result of a valuation under section 320 - 175

  (1)   If a * life insurance company determines, at a time other than a * valuation time, that the total * transfer value of the company's * complying superannuation assets as at that time is less than the sum of:

  (a)   the company's * complying superannuation liabilities as at that time; and

  (b)   any reasonable provision made by the company at that time in its accounts for liability for income tax in respect of those assets;

the company can transfer, to the * complying superannuation asset pool, assets of any kind having a total transfer value not exceeding the difference.

  (2)   A * life insurance company can at any time transfer an asset of any kind to a * complying superannuation asset pool in exchange for an amount of money equal to the * transfer value of the asset at the time of the transfer.

  (3)   A * life insurance company can transfer to a * complying superannuation asset pool in an income year assets of any kind having a total * transfer value not exceeding the total amount of the * life insurance premiums paid to the company in that income year for the purchase of * complying superannuation life insurance policies.

  (4)   Except as provided by this section and subsections   320 - 180(3) and 320 - 250(1A), a * life insurance company cannot transfer an asset to a * complying superannuation asset pool.


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