D14 - Forestry managed investment scheme deduction 2012

Did you make payments to a forestry managed investment scheme (FMIS)?

NO	Go to question D15 - Other deductions, or   return to main menu Individual tax return instructions.
YES	You may be able to claim a deduction. Read below.

You may be able to claim a deduction at this item for payments made to an FMIS if:

• you currently hold a forestry interest in an FMIS, or held a forestry interest in an FMIS during the income year, and
• you have paid an amount to a forestry manager of an FMIS under a formal agreement.

You can only claim a deduction at this item if the forestry manager has advised you that the FMIS satisfies the 70% direct forestry expenditure rule in Division 394 of the Income Tax Assessment Act 1997.

If you are an initial participant, you cannot claim a deduction if you disposed of your forestry interest in an FMIS within four years after the end of the income year in which you first made a payment.

However, the deduction will be allowed if the disposal occurred because of circumstances outside your control, provided you could not have reasonably foreseen the disposal happening when you acquired the interest. Disposals that would generally be outside your control include compulsory acquisition, insolvency of you or the scheme manager, or cancellation of the interest due to fire, flood or drought.

 

You need to know

You are an initial participant in an FMIS if:

• you obtained your forestry interest in the FMIS from the forestry manager of the scheme, and
• your payment to obtain the forestry interest results in the establishment of trees.

You are a subsequent participant if you are not an initial participant.

A forestry manager of an FMIS is the entity that manages, arranges or promotes the FMIS.

A forestry interest in an FMIS is a right to benefits produced by the scheme (whether the right is actual, prospective or contingent and whether it is enforceable or not).

Participant payments under an FMIS

Initial participant

You can claim at this item initial and ongoing payments made under an FMIS that you have made as an initial participant of the FMIS.

Subsequent participant

You can claim at this item ongoing payments made under an FMIS that you have made as a subsequent participant of the FMIS.

Excluded payments

You cannot claim a deduction at this item for any of the following payments:

• payments for borrowing money
   
• interest and payments in the nature of interest (such as a premium on repayment or redemption of a security, or a discount of a bill or bond)
   
• payments of stamp duty
   
• payments of goods and services tax (GST)
   
• payments that relate to transportation and handling of felled trees after the earliest of the following:
• • sale of the trees
  • arrival of the trees at the mill door
  • arrival of the trees at the port
  • arrival of the trees at the place of processing (other than where processing happens in-field)
   
• payments that relate to processing
   
• payments that relate to stockpiling (other than in-field stockpiling).

Completing this item

Step 1

Work out the total amount of your deductible:

• initial and ongoing payments made under an FMIS, if you are an initial participant, or
• ongoing payments made under an FMIS, if you are a subsequent participant.

Write the amount at F item D14 on page 15 of your tax return. Do not show cents.

Step 2

If your interests in an FMIS are covered by a product ruling, at item D14

• print the code PR at U
• write the year of the product ruling at V
• write the product ruling number at W (do not include the year of the product ruling or the slash).

Alternatively, if your interests in an FMIS are covered by private rulings, at item D14:

• print the code AN at U
• leave the year of the private ruling V blank
• write the authorisation number printed on the front page of your notice of private ruling at W.

Where to go next go to question D15 - Other deductions   return to main menu Individual tax return instructions   go back to question D13 - Deduction for project pool