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Taxation Administration Act 1953
18‑32 Credit: amount attributable to fun18‑32 Credit: amount attributable to fund payment
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#### 18‑32 Credit: amount attributable to fund payment
(1) An entity is entitled to a credit if:
(a) the entity’s \*ordinary income or \*statutory income includes an amount that is represented by or reasonably attributable to a \*fund payment; and
(b) the entity has borne all or part of:
(i) an \*amount withheld from the payment under Subdivision 12‑H; or
(ii) an amount paid under Division 12A in respect of the fund payment.
(2) The amount of the credit is that amount or part.
(3) Subsection (4) applies if:
(a) all or part of an amount (the fund payment part) is represented by a payment that is a \*fund payment; and
(b) under subsection 840‑805(4A) of the Income Tax Assessment Act 1997, a \*foreign pension fund is taken, in respect of the fund payment part, to be a beneficiary in its own right, and not a beneficiary in the capacity of the trustee of another trust; and
(c) there is an \*amount withheld from the fund payment under Subdivision 12‑H.
(4) For the purposes of paragraph (1)(b):
(a) treat the \*foreign pension fund as having borne all or part of the amount withheld; and
(b) treat a beneficiary of the foreign pension fund as not having borne all or part of the amount withheld.