CHAPTER 3
-
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
-
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 276-15
Clearly defined interests
276-15(1)
Without limiting the circumstances in which the rights to income and capital arising from the *membership interests in a trust are clearly defined for the purposes of paragraph
276-10(1)(b)
, treat such rights as being clearly defined at a particular time for those purposes if any of the following conditions are satisfied at that time:
(a)
the trust is registered under section
601EB
of the
Corporations Act 2001
;
(b)
the rights to income and capital arising from each of the membership interests in the trust are the same.
276-15(2)
For the purposes of working out whether the condition in paragraph (1)(b) is satisfied, disregard the following:
(a)
fees or charges imposed by the trustee on the *members of the trust;
(b)
issue and redemption prices of *membership interests in the trust;
(c)
exposure of the membership interests in the trust to foreign exchange gains and losses.
History
S 276-15 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.