Superannuation Industry (Supervision) In-house Asset Determination — Intermediary Limited Recourse Borrowing Arrangement Determination 2020
4. Determination4. Determination
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4. Determination
For the purposes of paragraph 71(1)(f) of the Superannuation Industry (Supervision) Act 1993, if at a time:
(a) an asset (the investment asset) of a fund is an investment in a related trust of the fund; and
(b) the related trust is one described in paragraph 67A(1)(b) in connection with the Intermediary LRBA under which the trustee of the fund is maintaining a borrowing that is covered by subsection 67A(1); and
(c) the only property of the related trust is the acquirable asset mentioned in paragraph 67A(1)(b);
the investment asset is not an in-house asset of the fund at the time unless the acquirable asset mentioned in paragraph 67A(1)(b) would be an in-house asset of the fund if it were an asset of the fund at the time.