CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-25
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PARTICULAR KINDS OF TRUSTS
History
Part 3-25 inserted by No 56 of 2010, s 3 and Sch 3 item 4, effective 3 June 2010.
Division 276
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Australian managed investment trusts: attribution managed investment trusts
History
Div 276 inserted by No 53 of 2016, s 3 and Sch 1 item 1, 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 276-F
-
Unders and overs
History
Subdiv 276-F inserted by No 53 of 2016, s 3 and Sch 1 item 1, effective 5 May 2016. For application provision, see note under Div
276
heading.
Adjustment of trust component for unders and overs etc.
SECTION 276-330
Meaning of
cross-character allocation amount
and
carry-forward trust component deficit
Section applies to trust component of assessable income character
276-330(1)
This section applies if the *trust component is of a character relating to assessable income.
Cross-character allocation amount
276-330(2)
The trustee may, in accordance with subsection (3), allocate a *trust component deficit (if any) of that character for the income year against the *AMIT
'
s
other
trust components for that income year that are also of a character relating to assessable income.
276-330(3)
For the trustee to make an allocation under subsection (2) the trustee:
(a)
must allocate that *trust component deficit between those other *trust components on a reasonable basis; and
(b)
cannot allocate more to a trust component than the amount of that trust component.
276-330(4)
If the trustee allocates an amount under subsection (2) to a *trust component of a character for that income year, the amount allocated is a
cross-character allocation amount
of that character for that income year.
Carry-forward trust component deficit
276-330(5)
If there is an amount of that *trust component deficit remaining after allocating it in accordance with subsection (2), the remaining amount is the *AMIT
'
s
carry-forward trust component deficit
of the character mentioned in subsection (1) for the
next
income year.
History
S 276-330 inserted by No 53 of 2016, s 3 and Sch 1 item 1, effective 5 May 2016. For application provision, see note under Div
276
heading.