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Capital account election and stapled entities

Instructions if the trustee of the AMIT has made a capital account election and the trust is stapled to another entity.

Published 30 May 2024

How to make a capital account election

The trustee of an AMIT makes a capital account election by answering Yes to the following question on the AMIT tax return.

Has the trustee made an election into managed investment trust capital account treatment?

If you make an election for capital treatment, or have previously made an election, answer Yes to this question in the AMIT tax return. Otherwise, answer No.

The election must be made on or before either:

  • the day the AMIT is required to lodge its tax return for the income year in which it became a MIT
  • if the Commissioner allows a later day, that later date.

You must make the election in relation to the first year the trust qualifies as a MIT, and it is irrevocable as long as the MIT remains eligible. If you are the trustee of a MIT that came into existence in an earlier income year (and are therefore no longer eligible to make the election), you must still answer the question asked in the AMIT tax return to confirm whether you have previously made an election for capital treatment.

When does the election take effect?

For trusts that became a MIT before 2009–10, the election will have effect for 2008–09 and later years.

For trusts that became a MIT in 2009–10 or a later year, the election will have effect for the income year in which the trust became a MIT and later income years.

Stapled entities

Instructions to follow if the trust is stapled to another entity.

Is the trust stapled to another entity?

Answer Yes or No as appropriate.

An entity is a stapled entity in relation to stapled securities if ownership interests in the entity form part of the stapled securities.

If the AMIT is stapled to another entity, enter the ABN for each of the entities the AMIT is stapled to.

Continue to: Capital allowances

Return to: Instructions to complete the AMIT tax return 2024

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