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TAX LAWS AMENDMENT (NEW TAX SYSTEM FOR MANAGED INVESTMENT TRUSTS) ACT 2016 - SCHEDULE 9

Definitions

 

Income Tax Assessment Act 1997

1   Subsection   995 - 1(1)

Insert:

"AMIT" (short for attribution managed investment trust ) has the meaning given by section   276 - 10 .

"AMIT cost base increase amount" has the meaning given by section   104 - 107E .

"AMIT cost base net amount" has the meaning given by section   104 - 107C .

"AMIT cost base reduction amount" has the meaning given by section   104 - 107D .

"AMIT DIR payment" has the meaning given by section   12A - 25 in Schedule   1 to the Taxation Administration Act 1953 .

"AMIT dividend payment" has the meaning given by section   12A - 30 in Schedule   1 to the Taxation Administration Act 1953 .

"AMIT interest payment" has the meaning given by section   12A - 35 in Schedule   1 to the Taxation Administration Act 1953 .

"AMIT member annual statement" : see AMMA statement .

"AMIT royalty payment" has the meaning given by section   12A - 40 in Schedule   1 to the Taxation Administration Act 1953 .

"AMMA statement" (short for AMIT member annual statement ) has the meaning given by section   276 - 46 0 .

2   Subsection   995 - 1(1) (after paragraph   ( a) of the definition of amount required to be withheld )

Insert:

  (aa a )   the amount that Division   12A in that Schedule requires the entity to pay to the Commissioner in respect of the payment; or

3   Subsection   995 - 1(1) (after paragraph   ( a) of the definition of amount withheld )

Insert:

  (aa a )   an amount that the entity paid to the Commissioner under Division   12A in that Schedule in respect of the payment; or

4   Subsection   995 - 1(1)

Insert:

"attribution managed investment trust" : see AMIT .

"carry-forward trust component deficit" , of a particular character , has the meaning given by section   276 - 3 30 .

"cross-character allocation amount" , of a particular character , has the meaning given by section   276 - 3 30 .

"debt-like trust instrument" has the meaning given by section   276 - 50 5 .

"determined member component" has the meaning given by section   276 - 2 05 .

"determined trust component" has the meaning given by section   276 - 2 55 .

"FITO allocation amount" , of a particular character , has the meaning given by section   276 - 3 3 5 .

5   Subsection   995 - 1(1) (at the end of the definition of fixed trust )

Add:

Note:   AMITs are treated as fixed trusts (see section   276 - 55 ) .

6   Subsection   995 - 1(1) (definition of fund payment )

Omit "12 - 405", substitute "sections   12 - 405 and 12A - 110 " .

7   Subsection   995 - 1(1) (at the end of the definition of income tax law )

Add:

  ; or (f)   tax payable in accordance with subsection   276 - 340(2), 276 - 410(2), 276 - 425(2) or 276 - 820(6) (AMIT offset taxation).

8   Subsection   995 - 1(1) (definition of managed investment trust )

Repeal the definition, substitute:

"managed investment trust" has the meaning given by section   275 - 10 .

9   Subsection   995 - 1(1)

Insert:

"member component" has the meaning given by section   276 - 21 0 .

10   Subsection   995 - 1(1) (definition of MIT participation interest )

Repeal the definition, substitute:

"MIT participation interest" has the meaning given by section   275 - 40 .

1 1   Subsection   995 - 1(1) (definition of non - arm's length income )

Repeal the definition, substitute:

"non-arm's length income" has the meaning given by sections   295 - 550 and 27 5 - 6 10 .

1 2   Subsection   995 - 1(1)

Insert:

"over" , of a particular character , has the meaning given by section   276 - 3 4 5 .

"post-AMMA actual payment" has the meaning given by section   12A - 210 in Schedule   1 to the Taxation Administration Act 1953 .

"pre-AMMA actual payment" has the meaning given by section   12A - 210 in Schedule   1 to the Taxation Administration Act 1953 .

"rounding" adjustment deficit has the meaning given by section   276 - 3 10 .

"rounding adjustment surplus" has the meaning given by section   276 - 3 15 .

"trust component" , of a particular character , has the meaning given by sections   276 - 2 6 0 .

"trust component deficit" , of a particular character , has the meaning given by sections   276 - 3 20 .

"under" , of a particular character , has the meaning given by section   276 - 3 4 5 .

"withholding MIT" has the meaning given by section   12 - 383 in Schedule   1 to the Taxation Administration Act 1953 .

1 3   Subsection   995 - 1(1) (after paragraph   ( a) of the definition of withholding payment (first occurring))

Insert:

  (aa)   a payment that arises because of the operation of section   12A - 205 in that Schedule (deemed payments) in respect of which Subdivision   12A - C in that Schedule requires an amount to be paid to the Commissioner; or

1 4   Subsection   995 - 1(1) (after paragraph   ( a) of the definition of withholding payment (second occurring))

Insert:

  (aa)   a payment that arises because of the operation of section   12A - 205 in that Schedule (deemed payments) in respect of which that provision requires an amount to be paid to the Commissioner; or



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