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Interests in a FIF or a FLP subject to the FIF measures

Last updated 30 June 2006

The FIF measures apply to your interest in a FIF for the FIF's notional accounting period that ended in your income year if:

  • you had an interest in a FIF at the end of the income year, and
  • you were a resident of Australia at any time in that income year. [subsection 485(3)]

The measures do not apply to an interest in a FIF that you dispose of on or before 30 June of that income year. However, you may be subject to other Australian tax on the interest in the FIF - for example, capital gains tax.

The FIF measures apply to your interest in a FLP for the FLP's notional accounting period that ended in your income year if you:

  • had an interest in a FLP at any time during that year, and
  • you were a resident of Australia at any time in that year. [subsection 485(4)]

The FIF measures will not apply to a dual resident of Australia and another country where Australia has agreed, in a tax treaty, to treat that resident solely as a resident of the other country.

QC18507