{"id":"C2004A04845","name":"Income Tax (Former Non-resident Superannuation Funds) Act 1994","slug":"income-tax-former-non-resident-superannuation-funds-act-1994","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"172 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38691,"registerId":"commonwealth-C2004A04845-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Income Tax (Former Non-resident Superannuation Funds) Act 1994","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nIncome Tax (Former Non‑resident Superannuation Funds) Act 1994\n\nAct No. 172 of 1994 as amended\n\nThis compilation was prepared on 5 October 2007  taking into account amendments up to Act No. 143 of 2007\n\nThe text of any of those amendments not in force  on that date is appended in the Notes section\n\nThe operation of amendments that have been incorporated may be   affected by application provisions that are set out in the Notes section\n\nPrepared by the Office of Legislative Drafting and Publishing,  Attorney‑General’s Department, Canberra\n\n \n\n \n\n \n\nContents\n\n1 Short title [see Note 1]\n\n2 Commencement [see Note 1]\n\n3 Imposition of tax\n\nNotes\n\n \n\nAn Act to impose income tax on the net previous income of resident superannuation funds that were previously non‑resident superannuation funds\n\n1  Short title [see Note 1]\n\n  This Act may be cited as the Income Tax (Former Non‑resident Superannuation Funds) Act 1994.\n\n2  Commencement [see Note 1]\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n3  Imposition of tax\n\n  Income tax is imposed on the taxable income of an Australian superannuation fund within the meaning of the Income Tax Assessment Act 1997, to the extent that the taxable income is attributable to the inclusion of an amount in the fund’s assessable income under table item 3 in section 295‑320 of that Act.\n\nNotes to the Income Tax (Former Non-resident Superannuation Funds) Act 1994\n\nNote 1\n\nThe Income Tax (Former Non‑resident Superannuation Funds) Act 1994 as shown in this compilation comprises Act No. 172, 1994 amended as indicated in the Tables below.\n\nFor all relevant information pertaining to application, saving or transitional provisions see Table A.\n\nTable of Acts\n\n| Act | Number   and year | Date   of Assent | Date of commencement | Application, saving or transitional provisions |\n| --- | --- | --- | --- | --- |\n| Income Tax (Former Non‑resident Superannuation Funds) Act 1994 | 172, 1994 | 16 Dec 1994 | 16 Dec 1994 |  |\n| Income Tax (Former Non‑resident Superannuation Funds) Amendment Act 2007 | 18, 2007 | 15 Mar 2007 | (a) | Sch. 1 (item 2) |\n| Tax Laws Amendment (2007 Measures No. 4) Act 2007 | 143, 2007 | 24 Sept 2007 | Schedule 5 (items 17, 48(1)): Royal Assent | Sch. 5 (item 48(1)) |\n\n(a) Section 2 of the Income Tax (Former Non‑resident Superannuation Funds) Amendment Act 2007 provides as follows:\n\n 2 This Act commences immediately after the commencement of Schedule 1 to the Tax Laws Amendment (Simplified Superannuation) Act 2007.\n\n Schedule 1 commenced on 15 March 2007.\n\nTable of Amendments\n\n- ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted\n- Provision affected How affected\n- S. 3.................... rs. No. 18, 2007\n- am. No. 143, 2007\n\nTable A\n\nApplication, saving or transitional provisions\n\nIncome Tax (Former Non‑resident Superannuation Funds) Amendment Act 2007 (No. 18, 2007)\n\nSchedule 1\n\n2  Application\n\nThe amendment made by this Schedule applies to the 2007‑2008 income year and later years.\n\n \n\nTax Laws Amendment (2007 Measures No. 4) Act 2007 (No. 143, 2007)\n\nSchedule 5\n\n48  Application\n\n(1) The amendments made by this Schedule apply to the 2007‑2008 income year and later years.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. The 2007 amendments updated the cross-reference to reflect the rewrite of superannuation tax law in the Income Tax Assessment Act 1997 (moving from the old section 27C to the new section 295-320), but did not expand the scope beyond taxing the net previous income of former non-resident superannuation funds."},"complexity_factors":["Extremely short: only 3 operative sections (Short title, Commencement, Imposition)","Single substantive provision (section 3) of approximately 40 words","No defined terms within the Act itself — relies entirely on external references to the Income Tax Assessment Act 1997","Only one cross-reference (to section 295-320 of the ITAA 1997)","No exceptions, exemptions, or conditional logic within the Act","Straightforward imposition structure: 'Income tax is imposed on...'"],"plain_english_summary":"This Act authorises the collection of income tax on Australian superannuation funds that were previously non‑resident, by charging tax on income identified under the Income Tax Assessment Act 1997 (the provision that treats asset transfers on becoming resident). It affects those funds, their trustees and members and simply imposes the tax already calculated under the main tax law."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Section 3 was repealed and replaced by amendments in 2007 (see Table of Amendments). The current operative text ties the Act's tax to amounts included under table item 3 in s.295‑320 of the Income Tax Assessment Act 1997. The amendments apply from the 2007‑2008 income year onwards (Table A), thereby altering the statutory link that determines what fund income is taxed under this Act."},"complexity_factors":["Operative effect concentrated in a single short provision (s.3), reducing internal structural complexity.","Heavy reliance on external, technical provisions in the Income Tax Assessment Act 1997 (table item 3 in s.295‑320) for key terms and the trigger for tax liability.","Necessitates reading cross‑references to concepts like 'taxable income', 'assessable income' and 'Australian superannuation fund' in the ITAA 1997.","Amendments and application notes (2007 amendments; Table of Amendments and Table A) introduce temporal complexity for years of application (2007‑08 onwards).","Practical compliance burden falls on fund recordkeeping and correct attribution of income to the ITAA inclusion; interpretation depends on established ITAA rules rather than new standalone definitions."],"plain_english_summary":"This Act makes Australian superannuation funds liable to income tax where their taxable income is attributable to amounts brought into assessable income under table item 3 in section 295‑320 of the Income Tax Assessment Act 1997 (s.3). It affects Australian superannuation funds (as defined in the ITAA 1997) and matters because those funds must identify and tax income that arises from those specific inclusions under the ITAA (s.3), with the Act commencing on Royal Assent (s.2)."}},"importantCases":[],"_links":{"self":"/api/acts/income-tax-former-non-resident-superannuation-funds-act-1994","history":"/api/acts/income-tax-former-non-resident-superannuation-funds-act-1994/history","analysis":"/api/acts/income-tax-former-non-resident-superannuation-funds-act-1994/analysis","conflicts":"/api/acts/income-tax-former-non-resident-superannuation-funds-act-1994/conflicts","importantCases":"/api/acts/income-tax-former-non-resident-superannuation-funds-act-1994/important-cases","documents":"/api/acts/income-tax-former-non-resident-superannuation-funds-act-1994/documents"}}