CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-25
-
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
-
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-A
-
What is an attribution managed investment trust?
History
Subdiv 276-A 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.
Operative provisions
SECTION 276-10
Meaning of
attribution managed investment trust
(or
AMIT
)
276-10(1)
A trust is an
attribution managed investment trust
(or
AMIT
) for an income year if:
(a)
the trust is a *managed investment trust in relation to the income year; and
(b)
the rights to income and capital arising from each of the *membership interests in the trust are clearly defined (see section
276-15
) at all times when the trust is in existence in the income year; and
(c)
(Repealed by No 15 of 2019)
(d)
if the regulations specify criteria for the purposes of this paragraph
-
those criteria are satisfied in relation to the trust; and
(e)
either:
(i)
the trustee of the trust has made a choice for the purposes of this subparagraph in respect of that income year; or
(ii)
the trust was an AMIT for an earlier income year.
History
S 276-10(1) amended by No 15 of 2019, s 3 and Sch 1 item 9, by repealing para (c), effective 1 April 2019 and applicable in relation to the 2017-18 income year and later income years. Para (c) formerly read:
(c)
if the trust is a managed investment trust in relation to the income year solely because of paragraph 275-10(1)(b)
-
the only members of the trust are managed investment trusts in relation to the income year; and
276-10(2)
A choice for the purposes of subparagraph (1)(e)(i) cannot be revoked.
History
S 276-10 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.