Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Income Tax Assessment Act 1997
1 At the end of Part 3 - 25
Add:
Division 276 -- Australian managed investment trusts: attribution managed investment trusts
Table of Subdivisions
Guide to Division 276
276 - A What is an attribution managed investment trust?
276 - B Member's vested and indefeasible interest in share of income and capital of AMIT
276 - C Taxation etc. of member components
276 - D Member components
276 - E Trust components
276 - F Unders and overs
276 - G Shortfall and excess taxation
276 - H AMMA statements
276 - J Debt - like trust instruments
276 - K Ceasing to be an AMIT
276 - 1 What this Division is about
A managed investment trust in relation to an income year is an attribution managed investment trust (or AMIT) for the income year if certain criteria are satisfied . In particular, for the trust to be an AMIT, the interests of the members of the trust need to be clearly defined at all times during which the trust is in existence in the income year (see Subdivision 276 - A) .
An AMIT for an income year is treated as a fixed trust . A member of the AMIT in respect of the income year is treated as having a vested and indefeasible interest in a share of the income and capital of the AMIT throughout the income year (see Subdivision 276 - B ) .
Amounts related to income and tax offsets of an AMIT, determined by the trustee to be of a particular tax character, are attributed to members, generally retaining that tax character (see Subdivision 276 - C ) .
Under estimates and over estimates of amounts at the trust level are carried forward and dealt with in later years . This is done on a character - by - character basis . An under estimate in an income year of a part icular character results in an under of that character . An over estimate results in an over of that character . Unders and overs arise, and are dealt with, in the income year in which they are discovered (see Subdivision 276 - F ) .
The trustee of an AMIT is liable to pay income tax on certain amounts reflecting under - attribution of income or over - attribution of tax offsets (see Subdivision 276 - G ) .
Special rules apply to a trust that ceases to be an AMIT (see Subdivision 276 - K ) .
Subdivision 276 - A -- What is an attribution managed investment trust?
276 - 5 What this Subdivision is about
A managed investment trust in relation to an income year is an attribution managed investment trust (or AMIT ) for the income year if certain criteria are satisfied . In particular :
(a) the interests of the members of the trust need to be clearly defined at all times when the trust is in existence in the income year ; and
(b) the trustee of the trust needs to have made a choice for the trust to be an AMIT in respect of that income year or an earlier income yea r .
Table of sections
Operative provisions
276 - 10 Meaning of attribution managed investment trust (or AMIT )
276 - 15 Clearly defined interests
276 - 20 Trust with classes of membership interests--each class treated as separate AMIT
276 - 10 Meaning of attribution managed investment trust (or AMIT )
(1) A trust is an attribution managed investment trust (or AMIT ) for an income year if:
(a) the trust is a * managed investment trust in relation to the income year; and
(b) the rights to income and capital arising from each of the * membership interests in the trust are clearly defined (see section 276 - 15 ) at all times when the trust is in existence in the income year; and
(c) if the trust is a managed investment trust in relation to the income year solely because of paragraph 275 - 10 (1)(b) --the only member s of the trust are managed investment trust s in relation to the income year ; and
(d) if the regulations specify criteria for the purposes of this paragraph--those criteria are satisfied in relation to the trust ; and
(e) either:
(i) the trustee of the trust has made a choice for the purposes of this subparagraph in respect of that income year ; or
(ii) the trust was an AMIT for an earlier income year .
( 2 ) A choice for the purposes of subparagraph ( 1)(e)(i) cannot be revoked .
276 - 15 Clearly defined interests
(1) Without limiting the circumstances in which the rights to income and capital arising from the * membership interests in a trust are clearly defined for the purposes of paragraph 276 - 10 (1) (b), treat such rights as being clearly defined at a particular time for those purposes if any of the following conditions are satisfied at that time :
(a ) the trust is registered under section 601EB of the Corporations Act 2001 ;
(b) the righ ts to income and capital arising from each of the membership interests in the trust are the same .
( 2 ) For the purposes of working out whether the condition in paragraph ( 1)( b ) is satisfied, disregard the following:
(a) fees or charges imposed by the trustee on the * members of the trust;
(b) issue and redemption prices of * membership interests in the trust;
(c) exposure of the membership interests in the trust to foreign exchange gains and losses .
276 - 20 Trust with classes of membership interests--each class treated as separate AMIT
(1) Subsections ( 2) and (3) apply if:
(a) the * membership interests in an * AMIT for an income year are divided into classes; and
(b) the rights arising from each of those membership interests in a particular class are the same as the rights arising from every other of those membership interests in that class; and
(c) each of those membership interests in a particular class is distinct from each of those membership interests in another class; and
(d) the trustee of the AMIT has made a choice for the purposes of this paragraph that applies to the income year .
(2) For the purposes of this Division (other than this Subdivision), treat each class of those * membership interests in the * AMIT as being a separate AMIT for that income year .
(3) For the purposes of this Division , allocate assessable income, * exempt income, * non - assessable non - exempt income, * tax losses, * net capital losses and other similar amounts in respect of the * AMIT between each of the separate classes mentioned in subsection ( 1) on a fair and reasonable basis .
Making of choice by trustee
( 4 ) A choice for the purposes of paragraph ( 1)(d) applies to the income year for which it is made and every subsequent income year .
(5) A choice for the purposes of paragraph ( 1)(d) cannot be revoked .
276 - 50 What this Subdivision is about
An AMIT for an income year is treated as a fixed trust . A member of the AMIT in respect of the income year is treated as having a vested and indefeasible interest in a share of the income and capital of the AMIT throughout the income year .
Table of sections
Operative provisions
276 - 55 AMIT taken to be fixed trust and member taken to have vested and indefeasible interest in income and capital
For the purposes of this Act :
(a) treat an * AMIT for an income year as a * fixed trust; and
(b) treat a n entity that is a * member of the AMIT in respect of the income year as having a vested and indefeasible interest in a share of the income and capital of the AMIT throughout the income year .
Subdivision 276 - C -- Taxation etc . of member components
276 - 75 What this Subdivision is about
Amounts related to income and tax offsets of an AMIT, of a particular tax character , are attributed to members of the AMIT on the basis of their determined member components of that tax character .
This attribution does not apply to the extent that amounts have been withheld etc . in relation to those components under Subdivision 12 - F, 12 - H or 12A - C in Schedule 1 to the Taxation Administration Act 1953 .
The trustee of an AMIT that is not a withholding MIT may be liable to pay income tax in respect of a determined member component of a foreign resident member (including where that member is acting in the capacity of a trustee) . As a result, the member may be entitled to a tax offset .
Table of sections
Taxation etc. of member on determined member components
276 - 80 Member's assessable income or tax offsets for determined member components--general rules
276 - 85 Member's assessable income or tax offsets for determined member components--specific rules
276 - 90 Commissioner's determination as to status of member as qualified person
276 - 95 Relationship between section 276 - 80 and withholding rules
276 - 100 Relationship between section 276 - 80 and other charging provisions in this Act
Foreign resident members--taxation of trustee and corresponding tax offset for members
276 - 105 Trustee taxed on foreign resident's determined member components
276 - 110 Refundable tax offset for foreign resident member--member that is not a trustee
Special rule for interposed custodian
276 - 115 Custodian interposed between AMIT and member
Taxation etc . of member on determined member component s
276 - 80 Member's assessable income or tax offsets for determined member component s--general rules
Components of income character
(1) Subsection ( 2) applies if a * member of an * AMIT in respect of an income year has, for the income year, a * determined member component of:
(a) a character relating to assessable income ; or
(b) a character relating to * exempt income ; or
(c) a character relating to * non - assessable non - exempt income .
(2) For the purpose of working out the effects mentioned in subsection ( 3) for the * member, treat the member as having derived, received or made the amount reflected in the * determined member component :
(a) in the member's own right (rather than as a member of a trust); and
(b) in the same circumstances as the * AMIT derived, received or made that amount, to the extent that those circumstances gave rise to the particular character of that component .
(3) The effects are as follows:
(a) including an amount in the assessable income of the * member;
(b) including an amount in the * exempt income of the member;
(c) including an amount in the * non - assessable non - exempt income of the member;
(d) determining whether the member has made a * capital gain from a * CGT event;
(e) determining the extent to which the member's * net capital loss has been * utilised .
Components of tax offset character
( 4 ) Subsection ( 5 ) applies if a * member of an * AMIT in respect of an income year has, for the income year, a * determined member component of a character relating to a * tax offset .
( 5 ) For the purpose of working out the effects mentioned in subsection ( 6 ) for the * member, treat the member as having paid or received the amount reflected in the * determined member component :
(a) in the member's own right (rather than as a member of a trust); and
(b) in the same circumstances as the * AMIT paid or received that amount .
( 6 ) The effects are as follows:
(a) entitling the member to a * tax offset;
(b) entitling the member to a credit under Division 18 in Schedule 1 to the Taxation Administration Act 1953 .
276 - 85 Member's assessable income or tax offsets for determined member component s--specific rules
(1) This section makes clarifications and modifications of the operation of section 276 - 80 in respect of a * member of an * AMIT in respect of an income year .
(2) For the purposes of this Act , if an amount is included in the * member's assessable income because o f the operation of this section, treat that amount as being so included because of the operation of subsection 276 - 80 (2) .
Discount capital gains
( 3 ) Subsection ( 4 ) applies if the * member has, for the income year , a * determined member component of the character of:
(a) a * discount capital gain from a * CGT asset that is * taxable Australian property; or
(b) a discount capital gain from a CGT asset that is not taxable Australian property .
( 4 ) For the purposes of section 276 - 80 and this section, treat the amount of the component as being double what it would be apart from this subsection .
Franking credit gross - up
( 5 ) Subsection ( 6 ) applies if the * member has, for the income year , a * determined member component (the franking credit gross - up component ) of the character of assessable income under subsection 207 - 20(1) (franking credit gross - up) .
( 6 ) For the purposes of subsection 207 - 20(1) (franking credit gross - up) , treat the reference in that subsection to the amount of the * franking credit on the distribution as instead being a reference to the amount of the franking credit gross - up component .
Limitation on circumstances in paragraph 276 - 80 (2)(b)
( 7 ) The circumstances mentioned in paragraph 276 - 80 (2)(b) or ( 5 )(b) do not include the following:
(a) the residence of the trustee of the * AMIT;
(b) the place of the central management and control of the AMIT .
276 - 90 Commissioner's determination as to status of member as qualified person
(1) Subsection ( 2) applies to a * member of an * AMIT in respect of an income year if:
(a) the AMIT is specified in a determination under subsection ( 3 ); and
(b) the income year is specified in the determination; and
(c) the member:
(i) is specified in the determination; or
(ii) is included in a class of members specified in the determination .
(2) Treat the * member as not being a qualified person in relation to a distribution in relation to the * AMIT for the income year, for the purposes of Division 1A of former Part IIIAA of the Income Tax Assessment Act 1936 .
(3) For the purposes of this section, the Commissioner may make a determination in writing that identifies any of the following:
(a) a specified * member of a specified * AMIT;
(b) a specified class of members of a specified AMIT .
(4) The determination may specify one or more income years .
(5) In deciding whether to make a determination under subsection ( 3), the Commissioner may have regard to any of the following :
(a) arrangements (if any) entered into by the * member that directly or indirectly reduce the economic exposure of the member to changes in the value of the * membership interests held by the member in the * AMIT;
(b) the lack of such arrangements ;
(c) the length of time that the member has been a member of the AMIT;
(d) any other matter that the Commissioner considers relevant .
(6) A determination under subsection ( 3) is not a legislative instrument .
(7) If an entity to whom a determination relates is dissatisfied with the determination, the entity may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953 .
276 - 95 Relationship between section 276 - 80 and withholding rules
(1) Subsection 276 - 80 (2) does not apply to the extent that the * determined member component is reflected in an * AMIT DIR payment or a * fund payment, if an amount in respect of the payment:
(a) has been withheld from the payment under Subdivision 12 - F or 12 - H in Schedule 1 to the Taxation Administration Act 1953 ; or
(b) would be so withheld apart from an exemption from a requirement to withhold under Subdivision 12 - F in that Schedule; or
(c) has been paid under Division 12A in that Schedule; or
(d) would be so paid apart from an exemption from a requirement to withhold under Subdivision 12 - F in that Schedule .
(2) However, if the * determined member component is reflected in a * fund payment, subsection ( 1) applies only to the extent to which an amount attributable to the fund payment is treated under section 840 - 815 as not assessable income and not * exempt income .
(3) Subsection 276 - 80 (2) does not affect the operation of the following:
(a) Division 11A of Part III of the Income Tax Assessment Act 1936 ;
(b) Subdivision 840 - M of this Act;
(c) Division 12 in Schedule 1 to the Taxation Administration Act 1953 .
Note : See Division 12A in Schedule 1 to the Taxation Administration Act 1953 for provisions about withholding tax that apply specifically to AMITs .
276 - 100 Relationship between section 276 - 80 and other charging provisions in this Act
(1) This section applies if:
(a) an amount is included in the assessable income of a * member of an * AMIT in respect of an income year in respect of the member's interest in the AMIT; and
(b) that amount is so included otherwise than because of the operation of subsection 276 - 80 (2) .
(2) Reduce the amount included in the assessable income of the * member as mentioned in subsection ( 1) to the extent (if any) that a corresponding amount is included in the assessable income of the member in respect of the member's interest in the * AMIT because of the operation of subsection 276 - 80 (2) .
(3) To avoid doubt, this section is subject to section 230 - 20 (financial arrangements) .
Foreign resident members--taxation of trustee and corresponding tax offset for members
276 - 105 Trustee taxed on foreign resident's determined member components
(1) This section applies if:
(a) a * member of an * AMIT in respect of an income year has , for the income year, a * determined member component of a character relating to assessable income in respect of the AMIT; and
(b) either:
(i) unless subparagraph ( ii) applies --the member is a foreign resident at the end of the income year ; or
(ii) if the member is, in respect of that determined member component , a beneficiary in the capacity of a trustee of another trust --a trustee of the other trust is a foreign resident at the end of the income year ; and
(c) the AMIT is not a * withholding MIT .
(2) The trustee of the * AMIT is to be assessed and is liable to pay income tax:
(a) if subparagraph ( 1)(b)(i) applies and the * member is not a company--in respect of the amount mentioned in subsection ( 3) as if it were the income of an individual and were not subject to any deduction; or
(b) if subparagraph ( 1)(b)(i) applies and the member is a company--in respect of the amount mentioned in subsection ( 3) at the rate declared by the Parliament for the purposes of this paragraph ; or
(c) if subparagraph ( 1)(b)(ii) applies--in respect of the amount mentioned in subsection ( 4) or ( 5 ) at the rate declared by the Parliament for the purposes of this paragraph .
Note : The rates are set out in the following provisions:
(a) for paragraph ( a)-- subsection 12(6A ) of the Income Tax Rates Act 1986 and Schedule 10A to that Act ;
(b) for paragraph ( b)--paragraph 28A(a) of that Act;
(c) for paragraph ( c)--paragraph 28A( b ) of that Act .
(3) The amount is the * determined member component , to the extent that the component :
(a) is attributable to a period when the * member was an Australian resident; or
(b) is attributable to a period when the member was not an Australian resident and is attributable to sources in Australia .
(4) The amount is the * determined member component, to the extent that the component is attributable to sources in Australia .
( 5 ) For the purposes of subsection ( 4), treat the entire amount of the * determined member component as not being attributable to sources in Australia if it is of the character of:
(a) a * discount capital gain from a * CGT asset that is not * taxable Australian property; or
(b) a * capital gain (other than a discount capital gain) from a CGT asset that is not taxable Australian property .
Exception for component reflected in AMIT DIR payment or fund payment
( 6 ) Subsection ( 2) does not apply to the extent that the * determined member component is reflected in an * AMIT DIR payment or a * fund payment, if an amount in respect of the payment:
(a) has been withheld from the payment under Subdivision 12 - F or 12 - H in Schedule 1 to the Taxation Administration Act 1953 ; or
(b) would be so withheld apart from an exemption from a requirement to withhold under Subdivision 12 - F in that Schedule; or
(c) has been paid under Division 12A in that Schedule; or
(d) would be so paid apart from an exemption from a requirement to withhold under Subdivision 12 - F in that Schedule .
Gross - up for discount capital gain
( 7 ) Subsection ( 8 ) applies if a * determined member component is of the character of:
(a) a * discount capital gain from a * CGT asset that is * taxable Australian property; or
(b) a discount capital gain from a CGT asset that is not taxable Australian property .
( 8 ) For the purposes of this section, treat the amount of the component as being double what it would be apart from this subsection .
276 - 110 Refundable tax offset for foreign resident member --member that is not a trustee
(1) This section applies if a trustee is assessed and liable to pay income tax under section 276 - 105 in respect of a * member because of paragraph 276 - 105 (2)(a) or (b) .
(2) The * member is entitled to a * tax offset for the income year equal to the tax paid by the trustee in accordance with subsection 276 - 105 (2) .
Note: The tax offset is subject to the refundable tax offset rules: see section 67 - 23 .
Special rule for interposed custodian
276 - 1 15 Custodian interposed between AMIT and member
(1) This section applies if:
(a) a trust that is a * custodian is a * member of an * AMIT in respect of an income year; and
(b) the custodian has, for the income year, a * determined member component of a particular character for the AMIT; and
(c) the custodian is interposed between the AMIT and another entity (the subsequent recipient ); and
(d) the subsequent recipient:
(i) starts to have, at a time in the income year , a n entitlement to an amount that is reasonably attributable to all or part of the determined member component ; or
(ii) would start to have, at a time in the income year , such a n entitlement if the determined member component were an actual payment of an amount .
(2) For the purposes of this Subdivision, reduce the * custodian's * determined member component by the amount of the entitlement mentioned in subparagraph ( 1)(d)(i) or (ii) .
Note: This subsection may operate to reduce the amount of the determined member component multiple times if there is more than one subsequent recipient in respect of which the requirements in paragraphs ( 1)(c) and (d) are satisfied .
(3) For the purposes of this Subdivision:
(a) treat the subsequent recipient as being a * member of the * AMIT in respect of the income year; and
(b) treat the subsequent recipient as having, for the income year, a * determined member component for the AMIT that:
(i) is of the character mentioned in paragraph ( 1)(b); and
(ii) is equal to the amount of the entitlement mentioned in subparagraph ( 1)(d)(i) or (ii) .
Subdivision 276 - D -- Member components
276 - 200 What this Subdivision is about
A member's member component of a particular character is so much of an AMIT's determined trust component of that character (see Subdivision 276 - E) as is attributable to membership interests held by the member, worked out in accordance with certain requirements .
A member's determined member component of a particular character is the amount stated to be the member's member component of that character in an AMMA statement (see Subdivision 276 - H) .
Table of sections
Member - level concepts
276 - 205 Meaning of determined member component
276 - 210 Meaning of member component
276 - 2 05 Meaning of determined member component
(1) The determined member component of a particular character for an income year of a * member of an * AMIT in respect of the income year is the amount of the member's * member component of that character as reflected in the AMIT's latest * AMMA statement for the member for the income year .
(2) Subsection ( 3) applies if:
(a) the * member makes a choice for the purposes of this paragraph that complies with subsection ( 5) ; and
(b) the member gives a copy of the choice to the Commissioner within 4 months after:
(i) unless subparagraph ( ii) applies--the end of the member's income year; or
(ii) if the * AMIT gives the member a revised * AMMA statement for the income year at a time after the end of that income year--that time; and
( c ) the member gives a notice of the choice , in accordance with subsection ( 7) , to the trustee of the AMIT within those 4 months .
(3) Despite subsection ( 1), if the * determined member component of that character for the income year (disregarding this subsection) does not accord with subsections 276 - 21 0 (2), (3) and ( 4 ), that determined member component is instead the member's * member component of that character for the income year .
(4) For the purposes of subsection ( 3), in working out the member's * member component of that character for the income year, if the * trust component of that character differs from the * determined trust component of that character, treat the references in section 276 - 21 0 to determined trust component as instead being references to trust component .
Example: The determined trust component exceeds the trust component because of an unintentional mistake by the trustee of the AMIT . As a result, a member's corresponding determined member component under subsection ( 1) exceeds what it would have been if the trustee ha d not made the mistake .
If the member make s a choice under subsection ( 2), the amount of the determined member component will be determined according to the amount of the trust component .
(5) The choice must:
(a) be in writing; and
(b) state the following matters:
(i) the income year to which the choice relates;
(ii) what the * member considers to be the member's * member component of that character for the income year;
(iii) the reason why the member considers that the * determined member component of that character for the income year does not accord with subsections 276 - 21 0 (2), (3) and (4) .
(6) The way the * member's * income tax return is prepared is sufficient evidence of the making of the choice .
(7) The notice must:
(a) be in writing; and
(b) state the matters mentioned in paragraph ( 5)(b) .
276 - 210 Meaning of member component
(1) This section applies to a * member of an * AMIT in respect of an income year and sets out how to work out the member's * member components for the year .
Meaning of member component
(2) The * member's member component of a character is so much of the * AMIT's * determined trust component of that character as is attributable to the * membership interests in the AMIT held by the member , worked out in accordance with the requirements in subsections ( 3) and (4) .
Attribution must be fair and reasonable and accord with constituent documents
(3) The attribution must be worked out on a fair and reasonable basis, in accordance with the constituent documents of the * AMIT . This requirement is subject to the requirement in subsection ( 4 ) .
Attribution must not involve streaming of character amounts
(4) The attribution must not attribute any part of a * determined trust component of a particular character to a * member's * m embership interests because of the tax characteristics of the member .
Safe harbour rules
(5) Without limiting the scope of the requirements in subsection ( 3) and (4), an amount does not fail to be worked out in accordance with those requirements as mentioned in subsection ( 2) merely because the amount reflects the fact that:
(a) the constituent documents of the * AMIT give the trustee of the AMIT the power to direct an amount arising from the sale of an asset to a particular * member, if:
(i) the member redeems one or more * membership interests in the AMIT; and
(ii) the direction of the amount is made to fund the redemption; and
(b) the trustee exercises that power .
( 6 ) Without limiting the scope of the requirements in subsection ( 3) and (4), an amount does not fail to be worked out in accordance with those requirements as mentioned in subsection ( 2) merely because the amount reflects the fact that:
(a) either:
(i) an amount of an * under, relating to a base year (as mentioned in subsection 276 - 3 4 5(1)) increases a * trust component of the * AMIT for a later income year under section 276 - 3 0 5; or
(ii) an amount of an * over, relating to a base year (as mentioned in subsection 276 - 3 4 5(1)) decreases a trust component of the AMIT for a later income year under section 276 - 3 0 5; and
(b) an entity is a * member of the AMIT at a time in the later income year, but was not a member of the AMIT in respect of the base year .
( 7 ) Without limiting the scope of the requirements in subsection ( 3) and (4), an amount does not fail to be worked out in accordance with those requirements as mentioned in subsection ( 2) merely because the amount reflects the fact that:
(a) the trustee made a * capital gain or * capital loss in an income year (for the purposes of working out the amount of a * trust component of the * AMIT for an income year in accordance with the rules in section 276 - 265 ); and
(b) an entity was a * member of the AMIT in respect of the income year, but was not a member of the AMIT at the time the capital gain or capital loss was made .
Subdivision 276 - E -- Trust components
276 - 250 What this Subdivision is about
An AMIT's trust component of a particular character is worked out on the basis of the AMIT's assessable income, exempt income, non - assessable non - exempt income and tax offsets (on the assumption that the AMIT were an Australian resident liable to pay tax) .
An AMIT's determined trust component of a particular character is the amount stated to be its trust component of that character in a document that meet s certain requirements .
Table of sections
Trust - level concepts
276 - 255 Meaning of determined trust component
276 - 260 Meaning of trust component
276 - 265 Rules for working out trust components--general rules
276 - 270 Rules for working out trust components--allocation of deductions
276 - 255 Meaning of determined trust component
(1) An * AMIT's determined trust component of a particular character for an income year is the amount stated to be its * trust component of that character in a document that meets the requirements in subsection ( 2) .
(2) The requirements are as follows:
(a) the document was created by the * AMIT;
(b) the document states expressly the amount of the * trust component;
(c) at a time after the document was created, the AMIT sent * AMMA statement s for the income year to entities that were * member s of the AMIT in respect of the income year;
(d) the amount of the trust component stated in the document reflects the amount of the * determined member components reflected in th os e AMMA statement s .
(3 ) If, apart from this subsection, there are 2 or more documents that meet the requirements in subsection ( 2) , treat the most recently created of those documents as being the only document that meets th os e requirements .
Example: The income year for the AMIT ends on 30 June . The trustee creates a document stating the amount for the income year on 1 July . It sends all AMMA statements on 10 July . The trustee creates another document stating a different amount for the income year on 1 September . It sends revised AMMA statements reflecting that amount on 10 September . The document created on 1 September is the only document that meets the requirements in this section in respect of the amount for the income year .
276 - 260 Meaning of trust component
(1) The object of this section is to ensure that an * AMIT's amounts of assessable income, * exempt income, * non - assessable non - exempt income and * tax offsets for an income year are allocated, according to their character, into separate components for the purposes of this Act .
( 2 ) An * AMIT's trust component for an income year:
(a) of a character relating to assessable income; or
(b) of a character relating to * exempt income; or
(c) of a character relating to * non - assessable non - exempt income; or
(d) of a character relating to a * tax offset;
is the amount of that character for the income year worked out for the AMIT in accordance with the rules in sections 276 - 265 and 276 - 27 0 .
( 3 ) This section is subject to Subdivision 276 - F (which deals with the effect of * unders and * overs) .
( 4 ) The rules in sections 276 - 265 and 276 - 270 apply only for the purposes of determining the amount s of * trust component s .
276 - 265 Rules for working out trust components--general rules
General taxability and residence assumption s to be made
(1) Work out the amount of the * trust component of each character in relation to the * AMIT assuming that the AMIT 's trustee:
(a) was liable to pay * tax; and
(b) was an Australian resident .
Trust components of assessable income character are net of deductions
( 2 ) The sum of all of the * trust components of a character relating to assessable income of the * AMIT for the income year equal s the total assessable income of the AMIT for the income year , reduced by all deductions of the AMIT for the year . To avoid doubt, for the purposes of this subsection, apply subsection ( 1) .
( 3 ) However, if that total assessable income does not exceed those deductions, the amount of each * trust component of a character relating to assessable income of the * AMIT for the income year is nil .
276 - 270 Rules for working out trust components--allocation of deductions
(1) An amount of a deduction that relates directly only to one or more amounts of assessable income can be deducted only against that amount or those amounts of assessable income . If there are 2 or more such amounts of assessable income, the amount of the deduction is allocated against those amounts on a reasonable basis .
(2) If an amount of a deduction remains after applying the rules in subsection ( 1), the remainder can be deducted against other amounts of assessable income . The amount of the remainder is allocated against those amounts on a reasonable basis .
(3) For the purposes of this section, determine whether a deduction relates directly to an amount of assessable income on a reasonable basis .
Subdivision 276 - F -- Unders and overs
276 - 300 What this Subdivision is about
This Subdivision sets out how under estimates and over estimates of amounts at the trust level are carried forward and dealt with in later years . This is generally done on a character - by - character basis .
An under estimate in an income year of a particular character results in an under of that character . An over estimate results in an over of that character .
Unders and overs arise, and are dealt with, in the income year in which they are discovered .
Table of sections
Adjustment of trust component for unders and overs etc.
276 - 305 Adjustment of trust component for unders and overs
276 - 310 Rounding adjustment deficit increases trust component
276 - 315 Rounding adjustment surplus decreases trust component
276 - 320 Meaning of trust component deficit
276 - 325 Trust component of character relating to assessable income--adjustment for cross - character allocation amount, carry - forward trust component deficit and FITO allocation amount
276 - 330 Meaning of cross - character allocation amount and carry - forward trust component deficit
276 - 335 Meaning of FITO allocation amount
276 - 340 Trust component character relating to tax offset--taxation of trust component deficit
Unders and overs
276 - 345 Meaning of under and over of a character
276 - 350 Limited discovery period for unders and overs
Adjustment of trust component for unders and overs etc .
276 - 305 Adjustment of trust component for unders and overs
Object
(1) The object of this section is to adjust an * AMIT's * trust component of a particular character for an income year to take account of any * unders or * overs of that character that the AMIT has in the income year .
Unders increase trust component
(2) If the * AMIT has an * under of that character in the income year (relating to any earlier income year), increase the amount of the * trust component by that under .
Note: Those earlier income years are referred to in section 276 - 345 as base years .
Overs decrease trust component
(3) If the * AMIT has an * over of that character in the income year (relating to any earlier income year), decrease the amount of the * trust component by that over .
Note: Those earlier income years are referred to in section 276 - 345 as base years .
276 - 310 Rounding adjustment deficit increases trust component
(1 ) If the * AMIT has a * rounding adjustment deficit of that character for the income year, increase the amount of the * trust component by the amount of that rounding adjustment deficit .
(2 ) The * AMIT has a rounding adjustment deficit of a particular character for an income year if:
(a) the AMIT has a shortfall for the previous income year under subsection 276 - 415 (1); and
(b) the shortfall results wholly or partly from the trustee of the AMIT rounding down amounts in working out * determined member components for the previous income year .
The amount of the rounding adjustment deficit is the amount of the shortfall, to the extent that it results from that rounding down .
276 - 315 Rounding adjustment surplus decreases trust component
(1) If the * AMIT has a * rounding adjustment surplus of that character for the income year, decrease the amount of the * trust component by the amount of that rounding adjustment surplus .
(2) The * AMIT has a rounding adjustment surplus of a particular character for an income year if:
(a) the AMIT has an excess for the previous income year under subsection ( 3); and
(b) the excess results wholly or partly from the trustee of the AMIT rounding up amounts in working out * determined member components for the previous income year .
The amount of the rounding adjustment surplus is the amount of the excess, to the extent that it results from that rounding up .
(3) The * AMIT has an excess under this subsection for an income year equal to the amount (if any) by which:
(a) the sum of all the * determined member components of all the * members of the AMIT of a pa rticular character relating to assessable income, * exempt income or * non - assessable non - exempt income for the income year;
exceeds:
(b) the * determined trust component of that character of the AMIT for the income year .
(4) Subsection ( 5) applies if a * determined member component is of the character of:
(a) a * discount capital gain from a * CGT asset that is * taxable Australian property; or
(b) a discount capital gain from a CGT asset that is not taxable Australian property .
(5) For the purposes of this section, treat the amount of the component as being double what it would be apart from this subsection .
276 - 320 Meaning of trust component deficit
If the amount of the * trust component, worked out after applying section s 276 - 305 , 276 - 310 and 276 - 315 (and, if applicable, section 276 - 325 ), falls short of nil:
(a) despite those provisions, the * trust component of that character is nil; and
(b) the shortfall is the * AMIT's trust component deficit of that character for the income year .
Section applies to trust component of assessable income character
( 1 ) This section applies if th e * trust component is of a character relating to assessable income .
C ross - character allocation amount decreases trust component
( 2 ) If the * AMIT has a * cross - character allocation amount of tha t character for the income year, decrease the amount of the * trust component by that amount .
Note: A cross - character allocation amount of a character for the income year is allocated from a trust component deficit of another character for the income year in accordance with subsection s 276 - 330 (2), (3) and ( 4 ) .
C arry - forward trust component deficit decreases trust component
( 3 ) If the * AMIT has a * carry - forward trust component deficit of that character for the income year, decrease the amount of the * trust component by the amount of that deficit .
Note: A carry - forward trust component deficit for the income year is worked out in respect of the previous income year under subsection 276 - 330 ( 5 ) .
FITO allocation amount in creases trust component with the character of foreign source income
(4) If :
(a) the character of the * trust component is a character relating to * ordinary income , or * statutory income , from a source other than an * Australian source ; and
(b) the * AMIT has a * FITO allocation amount for the income year ;
in crease the amount of the trust component by that FITO allocation amount .
Note: A FITO allocation amount for the income year is worked out in accordance with section 276 - 3 3 5 .
276 - 330 Meaning of cross - character allocation amount and carry - forward trust component deficit
Section applies to trust component of assessable income character
(1) This section applies if the * trust component is of a character relating to assessable income .
C ross - character allocation amount
(2) The trustee may , in accordance with subsection ( 3), allocate a * trust component deficit (if any) of that character for the income year against the * AMIT's other trust components for that income year that are also of a character relating to assessable income .
( 3 ) For the trustee to make an allocation under subsection ( 2) the trustee:
(a) must allocate that * trust component deficit between those other * trust components on a reasonable basis; and
(b) cannot allocate more to a trust component than the amount of that trust component .
( 4 ) If the trustee allocates an amount under subsection ( 2) to a * trust component of a character for that income year , the amount allocated is a cross - character allocation amount of that character for that income year .
C arry - forward trust component deficit
( 5 ) I f there is an amount of that * trust component deficit remaining after allocating it in accordance with subsection ( 2), th e remaining amount is the * AMIT's carry - forward trust component deficit of th e character mentioned in subsection ( 1) for the next income year .
276 - 335 Meaning of FITO allocation amount
(1) This section applies if:
(a) the * AMIT has a * trust component of the character of * foreign income tax paid that counts towards a * tax offset under Division 770 ; and
(b) the AMIT has a * trust component deficit for the income year of th at character .
(2) The * AMIT has a FITO allocation amount for the income year equal to the sum of:
(a) that * trust component deficit; and
(b) the product of:
(i) that trust component deficit; and
(ii) the * corporate tax gross - up rate .
276 - 340 Trust component character relating to tax offset--taxation of trust component deficit
(1) This section applies if:
(a) the * AMIT has a * trust component of a character relating to a * tax offset ; and
(b) the character of the trust component is not the character of * foreign income tax paid that counts towards a tax offset under Division 770 ; and
(c) the AMIT has a * trust component deficit for the income year of that character .
Offset trust component deficit (other than FITO character) taxed
( 2 ) T he trustee of the * AMIT is liable to pay tax at the rate declared by the Parliament on the amount of the * trust component deficit .
Note: The tax is imposed by the Income Tax (Attribution Managed Inv estment Trusts--Offsets) Act 2016 and the rate of the tax is set out in that Act .
276 - 345 Meaning of under and over of a character
(1) This section sets out how to work out the amount (if any) of an * AMIT 's * under or * over of a particular character for an income year (the base year ) in a later income year (the discovery year ) .
(2) The time (the discovery time ) at which this is worked out for the discovery year is just before the trustee works out the * determined trust component of that character for the discovery year .
Note: This allows unders and overs to be included in the determined trust component for the discovery year: see section 276 - 3 0 5 .
(3) C ompare the following amounts :
(a) the * AMIT 's * trust component of that character for the base year , worked out on the basis of the trustee's knowledge at the discovery time (the discovery year amount );
(b) this amount (the base year running balance ):
(i) if the discovery year is the first income year after the base year--the AMIT's * determined trust component of that character for the base year; or
(ii) otherwise--the discovery year amount worked out under a previous operation of this section for the most recent income year before the discovery year .
A shortfall is an under
( 4 ) If the base year running balance falls short of the discovery year amount, the amount of the shortfall is an under of that character , for the base year, that the * AMIT has in the discovery year .
An excess is an over
( 5 ) If the base year running balance exceeds the discovery year amount, the amount of the excess is an over of that character , for the base year, that the * AMIT has in the discovery year .
276 - 350 Limited discovery period for unders and overs
Despite section 276 - 345 , a n * AMIT does not have an * under or an * over of a particular character for a n income year (the base year ) if:
(a) assuming the Commissioner made an assessment of the * trust component of that character on the day on which the document stating the AMIT 's * determined trust component of that character for the base year was created; and
(b) assuming the assessment had not been amended at the discovery time mentioned in subsection 276 - 345 (2) for the under or over;
section 170 of the Income Tax Assessment Act 1936 would prevent the assessment from being amended to take account of the under or over .
Note: Section 170 of the Income Tax Assessment Act 1936 specifies the usual period within which assessments may be amended .
Subdivision 276 - G -- Shortfall and excess taxation
276 - 400 What this Subdivision is about
T he trustee of an AMIT is liable to pay income tax on certain amounts reflecting under - attribution of income or over - attribution of tax offsets .
Table of sections
Ensuring determined trust components are properly taxed
276 - 405 Trustee taxed on shortfall in determined member component (character relating to assessable income)
276 - 410 Trustee taxed on excess in determined member component (character relating to tax offset)
276 - 415 Trustee taxed on amounts of determined trust component that are not reflected in determined member components
Ensuring unders and overs are properly taxed
276 - 420 Trustee taxed on amounts of under of character relating to assessable income not properly carried forward
276 - 425 Trustee taxed on amounts of over of character relating to tax offset not properly carried forward
Commissioner may remit tax under this Subdivision
276 - 430 Commissioner may remit tax under this Subdivision
Ensuring determined trust components are properly taxed
Income character shortfall
(1) An * AMIT has a shortfall under this subsection for an income year equal to the amount (if any) by which:
(a) the * determined member component of a * member of the AMIT of a character relating to assessable income for the income year;
falls short of:
(b) the * member component of the member of that character for the income year .
Liability to tax
( 2 ) The trustee is liable to pay income tax at the rate declared by the Parliament on the amount that is the sum of each shortfall of the * AMIT under subsection ( 1) for the income year .
Note: The rate is set out in subsection 12(11) of the Income Tax Rates Act 1986 .
(1) An * AMIT has an excess under this subsection for an income year equal to the amount (if any) by which:
(a) the * determined member component of a * member of the AMIT of a character relating to a * tax offset for the income year;
exceeds:
(b) the * member component of the member of that character for the income year .
Liability to tax
(2) The trustee is liable to pay tax at the rate declared by the Parliament on the amount that is the sum of each excess of the * AMIT under subsection ( 1) for the income year .
Note: The tax is imposed by the Income Tax (Attribution Managed Inv estment Trusts--Offsets) Act 2016 and the rate of the tax is set out in that Act.
(1) An * AMIT has a shortfall under this subsection for an income year equal to the amount (if any) by which:
(a) the sum of all the * determined member components of all the * members of the AMIT of a particular character relating to a ssessable income, * exempt income or * non - assessable non - exempt income for the income year;
falls short of:
(b) the * determined trust component of that character of the AMIT for the income year .
Liability to tax
(2) The trustee is liable to pay income tax at the rate declared by the Parliament on the amount worked out as follows:
(a) first, work out the sum of each shortfall of the * AMIT under subsection ( 1) for the income year ;
(b) next, work out the extent (if any) to which each of those shortfalls gives rise to a * rounding adjustment deficit (see subsection 276 - 310 (2 ));
(c) next, subtract the result of paragraph ( b) from the result of paragraph ( a);
(d) next, work out the extent (if any) to which the result of paragraph ( c) is referable to one or more shortfall s under subsection 276 - 405 (1);
(e) next, subtract the result of paragraph ( d) from the result of paragraph ( c) .
Note: The rate is set out in subsection 12(12) of the Income Tax Rates Act 1986 .
Gross - up for discount capital gain
(3) Subsection ( 4) applies if a * determined member component is of the character of:
(a) a * discount capital gain from a * CGT asset that is * taxable Australian property; or
(b) a discount capital gain from a CGT asset that is not taxable Australian property .
(4) For the purposes of this section, treat the amount of the component as being double what it would be apart from this subsection .
Ensuring unders and overs are properly taxed
(1) An * AMIT for an income year has a shortfall under this subsection for the income year equal to the amount (if any) by which :
(a) an * under of the AMIT of a character relating to assessable income in the income year for an earlier income year (the base year ) ( as worked out by the trustee on the basis of the trustee's knowledge at the discovery time mentioned in subsection 276 - 345 (2));
falls short of:
(b) what the under would have been if it had been worked out on the basis of what the trustee should have known at that time .
Liability to tax
(2) The trustee is liable to pay income tax at the rate declared by the Parliament on the amount that is the sum of each shortfall of the * AMIT under subsection ( 1) for the income year .
Note: The rate is set out in subsection 12(13) of the Income Tax Rates Act 1986 .
Adjustment for later unders relating to the same base year
(3) If there is a shortfall under subsection ( 1) for a particular character for an income year, f or the purposes of applying paragraph 276 - 345 (3) ( b ) ( b ase year r unning balance) to a later income year, increase the amount mentioned in sub paragraph 276 - 345 ( 3 )(b) (ii) (previous discovery year amount) for that character by the amount of the shortfall .
(4) Subsection ( 5) applies if:
(a) there is a shortfall under subsection ( 1) for a particular character for an income year; and
(b) the * AMIT has an * under of that character in a later income year for the base year mentioned in subsection ( 1); and
(c) the amount mentioned in paragraph ( 1)(b) is reflected (in whole or in part) in the amount of the under .
(5) Reduce the shortfall by the extent to which the * under in the later income year reflects the amount mentioned in paragraph ( 1)(b) .
(1) An * AMIT for an income year has a shortfall under this subsection for the income year equal to the amount (if any) by which:
(a) an * over of the AMIT of a character relating to a * tax offset in the income year relating to an earlier income year (the base year ) ( as worked out by the trustee on the basis of the trustee's knowledge at the discovery time mentioned in subsection 276 - 345 (2) );
falls short of :
(b) what the over would have been if it had been worked out on the basis of what the trustee should have known at that time .
Liability to tax
(2) The trustee is liable to pay tax at the rate declared by the Parliament on the amount that is the sum of each shortfall of the * AMIT under subsection ( 1) for the income year .
Note: The tax is imposed by the Income Tax (Attribution Managed Inv estment Trusts--Offsets) Act 2016 and the rate of the tax is set out in that Act.
Adjustment for later overs relating to the same base year
(3) If there is a shortfall under subsection ( 1) for a particular character for an income year, for the purposes of applying paragraph 276 - 345 (3)(b) (base year running balance) to a later income year, de crease the amount mentioned in subparagraph 276 - 345 (3)(b)(ii) (previous discovery year amount) for that character by the amount of the shortfall .
(4) Subsection ( 5) applies if:
(a) there is a shortfall under subsection ( 1) of a particular character relating to a * tax offset for an income year; and
(b) the * AMIT has an * over of that character in a later income year relating to the base year mentioned in subsection ( 1); and
(c) the amount mentioned in paragraph ( 1)(b) is reflected (in whole or in part) in the amount of the over .
(5) Reduce the shortfall by the extent to which the * over in the later income year reflects the amount mentioned in paragraph ( 1)(b) .
Commissioner may remit tax under this Subdivision
276 - 430 Commissioner may remit tax under this Subdivision
The Commissioner may remit the whole or any part of income tax for which a liability arises under this Subdivision if the Commissioner is satisfied that doing so does not result in a detriment to the revenue .
Subdivision 276 - H -- AMMA statements
276 - 450 What this Subdivision is about
An AMIT for an income year must give each member of the AMIT in respect of the income year an AMIT member annual statement (or AMMA statement) for the income year .
Table of sections
Operative provisions
276 - 455 Obligation to give an AMMA statement
276 - 460 AMIT member annual statement (or AMMA statement )
276 - 455 Obligation to give an AMMA statement
(1) An * AMIT for an income year must give each * member of the AMIT in respect of the income year an * AMMA statement for the income year .
Note: Section 286 - 75 in Schedule 1 to the Taxation Administration Act 1953 provides an administrative penalty for breach of this subsection.
(2) The statement must be given no later than 3 months after the end of the income year .
(3) However, the * AMIT need not give an * AMMA statement under subsection ( 1) to a * member if:
(a) all of the member 's * determined member components for the AMIT for the income year are nil; and
(b) all of the member 's * membership interests in the AMIT have an * AMIT cost base net amount for the income year of nil .
(4) To avoid doubt, the * AMIT does not fail to comply with subsection ( 1) merely because:
(a) the AMIT gives * AMMA statements for the income year to * members in accordance with subsection ( 1) by the time required under subsection ( 2); and
(b) after that time, the AMIT gives those members further AMMA statements for the income year that replace the AMMA statements mentioned in paragraph ( a) .
276 - 460 AMIT member annual statement (or AMMA statement )
(1) An AMIT member annual statement (or AMMA statement ) is a statement made by an * AMIT for an income year in accordance with this section .
(2) The statement must :
(a) include information that reflects the amount and character of each * member component of the * member for the income year; and
(b) state what the trustee reasonably estimates to be the amount of the excess or shortfall mentioned in section 104 - 107C (AMIT cost base net amount) for the income year in respect of the * CGT asset that is the member's unit or interest in the * AMIT .
( 3 ) The statement is not an AMMA statement if the * AMIT fails to give it to the * member to whom it is addressed within 4 years after the end of the income year .
Note: The AMIT must give each member an AMMA statement for the income year no later than 3 months after the end of the income year (see section 276 - 455 ) .
Subdivision 276 - J -- Debt - like trust instruments
276 - 500 What this Subdivision is about
A debt - like trust instrument in an AMIT is treated as a debt interest in the AMIT . A distribution in relation to the instrument is treated as interest for the purposes of provisions relating to interest withholding tax, and may be treated as a deduction in working out the trust components of the AMIT .
Table of sections
Operative provisions
276 - 505 Meaning of debt - like trust instrument
276 - 510 Debt - like trust instruments treated as debt interests etc.
276 - 515 Distribution on debt - like trust instrument could be deductible in working out trust components
276 - 505 Meaning of debt - like trust instrument
(1) An instrument that gives rise to an interest in a trust is a debt - like trust instrument in relation to the trust if:
(a) the amount of any distribution relating to the interest is fi xed, at the time the interest i s created, by reference to the amount subscribed for the interest; and
( b ) any distribution relating to the interest is made solely at the discretion of the trustee of the trust ; and
( c ) rights to distributions of capital or profits arising from all interest s in the trust that are in the same * class as the interest, rank above all such rights arising from other interests in the trust (other than those covered under subsection ( 2)) if:
(i) the trust ceases to exist; or
(ii) where the trust is a * managed investment scheme--the scheme is under administration or is being wound up; and
( d ) in a case where, in relation to a particular period, the trustee of the trust does not make a distribution relating to the interest--making a distribution of any of the following kinds, in relation to that period, is prohibited by the constituent documents of the trust :
(i) a distribution relating to any membership interest in the trust ;
(ii) a distribution relating to a membership interest in another entity, if that interest is stapled together with a membership interest in the trust .
(2) This subsection covers an interest in the trust that:
(a) is not a * membership interest in the trust; or
(b) satisfies the requirements in paragraphs ( 1)(a) and (b).
276 - 510 Debt - like trust instruments treated as debt interests etc .
( 1) For the purposes of this Act :
(a) treat a * debt - like trust instrument in relation to an * AMIT as a * debt interest in the AMIT; and
(b) treat a distribution on a debt - like trust instrument in relation to an AMIT as a cost incurred by the AMIT in relation to a debt interest issued by the AMIT .
( 2 ) If a trust is an * AMIT for an income year (disregarding this subsection), paragraph ( 1)(a) applies for the purposes of:
(a) determining whether the trust is a * managed investment trust in relation to the income year; and
(b) determining whether the trust is an AMIT for the income year .
( 3 ) For the purposes of Division 11A of Part III of the Income Tax Assessment Act 1936 , if an entity is the holder of a * debt - like trust instrument in an * AMIT, treat a distribution to the entity in accordance with the instrument as interest .
(1) If an entity is the holder of a * debt - like trust instrument in relation to an * AMIT, for the purposes of sections 276 - 265 and 276 - 270 , treat a distribution to the entity in accordance with the instrument as a * return that the AMIT pays or provides on a * debt interest .
(2) For the purposes of subsection ( 1), disregard the distribution to the extent (if any) that it is referable to any of the following:
(a) * exempt income of the * AMIT;
(b) * non - assessable non - exempt income of the AMIT .
Subdivision 276 - K -- Ceasing to be an AMIT
276 - 800 What this Subdivision is about
If a trust ceases to be an AMIT, and discovers an under or over from an income year when it was an AMIT, the under or over will have taxation consequences for the trust in the discovery year .
Table of sections
Operative provisions
276 - 805 Application of Subdivision to former AMIT
276 - 810 Continue to work out trust components, unders, overs etc.
276 - 815 Effect of increase
276 - 820 Effect of decrease
276 - 805 Application of Subdivision to former AMIT
This Subdivision applies if:
(a) a trust was an * AMIT for an income year; and
( b ) the trust is not an AMIT for a later income year (the discovery year ) .
276 - 810 Continue to work out trust components, unders, overs etc .
(1) For the purposes of this section, assume that the trust is an * AMIT for the discovery year .
(2) If the trust has an * under or * over of a character in the discovery year for an earlier income year when the trust was an * AMIT, work out the extent to which the under or over :
(a) increas es the amount of th e AMIT's * trust component of that character for the discovery year ; or
(b) decreas es the amount of the AMIT's trust component of that character for the discovery year .
(1) This section applies if there is an increase as mentioned in paragraph 276 - 810 (2)(a) .
(2) If the character mentioned in subsection 276 - 810 (2) relates to assessable income , treat the amount of the increase as assessable income of the trust for the discovery year .
(3) Subsection ( 4) applies if the character mentioned in subsection 276 - 810(2) is the character of:
(a) a * discount capital gain from a * CGT asset that is * taxable Australian property; or
(b) a discount capital gain from a CGT asset that is not taxable Australian property.
(4) For the purposes of subsection ( 2), treat the amount of the increase as being double what it would be apart from this subsection.
( 5 ) If that character relates to * exempt income , treat the amount of the increase as exempt income of the trust for the discovery year .
( 6 ) If that character relates to * non - assessable non - exempt income , treat the amount of the increase as non - assessable non - exempt income of the trust for the discovery year .
( 7 ) If that character relates to a * tax offset , treat the amount of the increase as a tax offset of the trust for the discovery year of a kind corresponding to that character (in addition to any other tax offsets of that kind that the trust may have for the discovery year) .
(1) This section applies if there is a decrease as mentioned in paragraph 276 - 810 (2)(b) .
(2) If the character mentioned in subsection 276 - 810 (2) relates to assessable income :
(a) in the case of a character of:
(i) a * discount capital gain from a * CGT asset that is * taxable Australian property; or
(i i ) a discount capital gain from a CGT asset that is not taxable Australian property;
treat half the amount of the decrease as a * capital loss of the trust for the discovery year; or
(b) in the case of a character of:
(i) a * capital gain (other than a discount capital gain) from a CGT asset that is taxable Australian property; or
(i i ) a capital gain (other than a discount capital gain) from a CGT asset that is not taxable Australian property;
treat the amount of the decrease as a capital loss of the trust for the discovery year; or
(c) in any other case--treat the amount of the decrease as a deduction of the trust for the discovery year .
(3) If that character relates to * exempt income , treat the amount of the decrease as reducing the exempt income of the trust for the discovery year .
(4) If that character relates to * non - assessable non - exempt income , treat the amount of the decrease as reducing the non - assessable non - exempt income of the trust for the discovery year .
(5) If that character relates to a * tax offset , treat the amount of the decrease as reducing the tax offset or offsets (the existing offset or offsets ) of the trust for the discovery year of a kind corresponding to that character .
(6) If that character relates to a * tax offset and exceeds the total of the existing offset or offsets (before the reduction under subsection ( 5)) :
(a) unless paragraph ( b) applies-- the trustee is liable to pay tax at the rate declared by the Parliament on the excess ; or
Note: The tax is imposed by the Income Tax (Attribution Managed Inv estment Trusts--Offsets) Act 2016 and the rate of the tax is set out in that Act.
(b) if that character is the character of * foreign income tax paid that counts towards a tax offset under Division 770 -- subsection ( 7) applies .
(7) Increase the trust's assessable income for the discovery year by the sum of:
(a) the excess mentioned in subsection ( 6); and
(b) the product of:
(i) that excess; and
(ii) the * corporate tax gross - up rate .
Treat the amount of that increase as assessable income from a source other than an * Australian source .
Taxation Administration Act 1953
2 After subsection 286 - 75(2A A ) in Schedule 1
Insert:
(2AB) You are also liable to an administrative penalty if:
(a) you are required under section 276 - 455 of the Income Tax Assessment Act 1997 (AMMA statements) to give information to an entity (other than the Commissioner) by a particular day; and
(b) you do not give the information to the entity by that day .
3 Paragraph 286 - 80(2)(a) in Schedule 1
Before "(2A),", insert "(2AB)," .
4 At the end of Division 288 in Schedule 1
Add:
(1) An entity is liable to an administrative penalty if:
(a) the entity is a trustee of an * AMIT for an income year (the base year ); and
(b) the AMIT ha s an * under or * over for the base year; and
(c) at least one of the items in the table in subsection ( 3 ) applies in respect of the under or over .
(2) T o avoid doubt, subsection ( 1) has a separate operation in respect of each * under or * over mentioned in paragraph ( 1)(b) .
(3) The amount of the penalty is 47% of the amount worked out using this table:
Amount of penalty | ||||
Item | Column 1 | Column 2 | Column 3 | |
1 | if the * under or * over resulted from intentional disregard of a * taxation law (other than the * Excise Acts) by the trustee of the * AMIT or the trustee's agent | 75% of the under or over | 30% of the under or over | |
2 | if the * under or * over resulted from recklessness by the trustee of the * AMIT or the trustee's agent as to the operation of a * taxation law (other than the * Excise Acts) | 50% of the under or over | 20% of the under or over | |
( 4 ) Despite subsection ( 3):
(a) if the penalty specified under column 3 of item 1 of the table in that subsection is less than 60 penalty units--the amount of the penalty is 60 penalty units; and
(b) if the penalty specified under column 3 of item 2 of the table in that subsection is less than 40 penalty units--the amount of the penalty is 40 penalty units .
( 5 ) This subsection covers the following:
(a) an * under of:
(i) a character relating to assessable income; or
(ii) a character relating to * exempt income; or
(iii) a character relating to * non - assessable non - exempt income;
(b) an * over of a character relating to a * tax offset .
( 6 ) This subsection covers the following:
(a) an * over of:
(i) a character relating to assessable income; or
(ii) a character relating to * exempt income; or
(iii) a character relating to * non - assessable non - exempt income;
(b) an * under of a character relating to a * tax offset .
( 7 ) If both items in the table in subsection ( 3 ) apply, use item 1 and not item 2 .
( 8 ) If the income year corresponds to a financial year that is a temporary budget repair levy year (within the meaning of section 4 - 11 of the Income Tax (Transitional Provisions) Act 1997 ), treat the reference in subsection ( 3 ) to 47% as instead being a reference to 49% .