SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 2
-
Collection, recovery and administration of income tax
History
Ch 2 title inserted by
No 73 of 2006
, s 3 and Sch 5 item 40, effective 1 July 2006.
PART 2-5
-
PAY AS YOU GO (PAYG) WITHHOLDING
Division 12A
-
Distributions by AMITs (including deemed payments)
History
Div 12A inserted by No 53 of 2016, s 3 and Sch 3 item 11, effective 5 May 2016. No 53 of 2016 (as amended by No 15 of 2019), s 3 and Sch 8 item 1 contains the following application provision:
1 Application provision
(1)
The amendments apply to assessments for:
(a)
unless paragraph (b) applies
-
the 2016-17 income year and later income years; or
(b)
if the assessment is in respect of a trust, and the trustee of the trust has made a choice under subitem (5)
-
income years starting on or after 1 July 2015.
History
S 1(1) amended by No 15 of 2019, s 3 and Sch 1 items 43
-
45, by omitting
"
income years starting on or after
"
after
"
to assessments for
"
, substituting
"
the 2016-17 income year and later income years
"
for
"
1 July 2016
"
in para (a) and inserting
"
income years starting on or after
"
in para (b), effective 1 April 2019 and applicable in relation to the 2016-17 income year and later income years.
…
(5)
The trustee of a trust may make a choice for the purposes of paragraph (1)(b) if the 2015-16 income year of the trust starts on or after 1 July 2015.
(6)
The choice cannot be revoked.
Subdivision 12A-A
-
Distributions by AMITs relating to dividend, interest and royalties
History
Subdiv 12A-A inserted by No 53 of 2016, s 3 and Sch 3 item 11, effective 5 May 2016. For application provision, see note under Division
12A
heading.
Operative provisions
SECTION 12A-35
MEANING OF
AMIT INTEREST PAYMENT
12A-35(1)
This section applies to a trust that is an *AMIT for an income year.
12A-35(2)
The object of this section is to ensure that the total of the *AMIT interest payments that the trustee of the *AMIT makes in relation to the income year equals, as nearly as practicable, the amount mentioned in subsection (3).
12A-35(3)
The amount is the total of the *determined member components for the *AMIT for the income year of the character of interest (as defined in Division
11A
of Part
III
of the
Income Tax Assessment Act 1936
) that is subject to a requirement to withhold under Subdivision
12-F
.
12A-35(4)
To work out the amount of an
AMIT interest payment
, apply subsections
12A-30(4)
,
(5)
,
(6)
and
(7)
. For this purpose:
(a)
treat references in those subsections to AMIT dividend payments as instead being references to AMIT interest payments; and
(b)
treat the reference in subsection
12A-30(4)
to
"
the amount mentioned in subsection (3)
"
as instead being a reference to
"
the amount mentioned in subsection
12A-35(3)
"
.
History
S 12A-35 inserted by No 53 of 2016, s 3 and Sch 3 item 11, effective 5 May 2016. For application provision, see note under Division
12A
heading.