What's new?
The Treasury Laws Amendment (2018 Measures No 5) Act 2019 has clarified that the calculation of the non-assessable part of a payment from a MIT does not exclude a capital loss reflected in the payment for the purposes of applying CGT event E4.
Streaming election
From 2017–18, the 2011 trust streaming rules for franked distributions and capital gains apply to all MITs that are not AMITs, rather than only those MITs that have elected to apply the rules.
Introduction
The 2019 Attribution MIT member annual (AMMA) statement and the standard distribution statement (SDS) are the formats recommended by:
- the Australian Taxation Office (ATO)
- the Financial Services Council (FSC)
- the Australian Custodial Services Association (ACSA)
for disclosure by trusts of tax information to resident and non-resident individuals to complete 2019 tax returns, relevant schedules and other requirements.
This document provides guidance to prepare either an AMMA statement or an SDS. Parts A and B are applicable to both statements however there are two part Cs to cater for the distinct requirements of an AMMA statement and SDS.
Trustees of AMITs must give an AMMA statement within three months of the end of the income year to each person who was a member of an AMIT during the income year. Trustees of non-AMITs should use the SDS for their investors.
Both formats align with the Annual investment income report (AIIR). From 2016–17, all MITs are expected to lodge an AIIR.
The 2019 statements that appear below include example amounts that are referred to in the guidance notes that follow it.
From 2017–18, trustees of MITs must apply the 2011 trust streaming provisions. Prior to 2017–18, the rules applied only if MITs (and other trusts that were treated as MITs) made a choice that they apply. The streaming rules do not apply to AMITs, which are subject to the separate attribution rules that enable capital gains and franked distributions to be attributed to members for tax purposes.
Abbreviations and glossary
AIIR |
annual investment income report |
AMIT |
attribution managed investment trust |
AMMA statement |
attribution managed investment trust member annual statement |
CFC |
controlled foreign company |
CGT |
capital gains tax |
FITO |
foreign income tax offset |
IDPS |
investor directed portfolio services |
ITAA 1936 |
Income Tax Assessment Act 1936 |
ITAA 1997 |
Income Tax Assessment Act 1997 |
member component |
for an AMIT, the investor's member component of a particular character - that is, the amount of the AMIT's determined trust component of that character that is attributable to the member in accordance with section 276-210 of the ITAA 1997 |
MIT |
managed investment trust |
net income |
|
non-AMIT |
a trust other than an AMIT |
SDS |
standard distribution statement |
share |
This will depend on the context, however, generally a reference to an investor's share will be:
|
TAP |
taxable Australian property |
TFN |
tax file number |
Purpose
These notes are designed to help those preparing AMMA statements or SDS understand the basis for the format of the 2019 statement, and the rationale behind the various items disclosed on the statement.
The information contained in these notes and the sample AMMA statement or SDS is not an ATO interpretive advice or a statement of the ATO's interpretation of the taxation laws relevant to the items included in the statement and the notes, their character and calculation of their amounts. These notes do not set out a precedential ATO view.
For more information, see ATO advice and guidance.