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)
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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 276-315
Rounding adjustment surplus decreases trust component
276-315(1)
If the *AMIT has a *rounding adjustment surplus of that character for the income year, decrease the amount of the *trust component by the amount of that rounding adjustment surplus.
276-315(2)
The *AMIT has a
rounding adjustment surplus
of a particular character for an income year if:
(a)
the AMIT has an excess for the previous income year under subsection (3); and
(b)
the excess results wholly or partly from the trustee of the AMIT rounding up amounts in working out *determined member components for the previous income year.
The amount of the rounding adjustment surplus is the amount of the excess, to the extent that it results from that rounding up.
276-315(3)
The *AMIT has an excess under this subsection for an income year equal to the amount (if any) by which:
(a)
the sum of all the *determined member components of all the *members of the AMIT of a particular character relating to assessable income, *exempt income or *non-assessable non-exempt income for the income year;
exceeds:
(b)
the *determined trust component of that character of the AMIT for the income year.
276-315(4)
(Repealed by No 15 of 2019)
History
S 276-315(4) repealed by No 15 of 2019, s 3 and Sch 1 item 10, effective 1 April 2019 and applicable in relation to the 2018-19 income year and later income years. S 276-315(4) formerly read:
276-315(4)
Subsection (5) applies if a *determined member component is of the character of:
(a)
a *discount capital gain from a *CGT asset that is *taxable Australian property; or
(b)
a discount capital gain from a CGT asset that is
not
taxable Australian property.
276-315(5)
(Repealed by No 15 of 2019)
History
S 276-315(5) repealed by No 15 of 2019, s 3 and Sch 1 item 10, effective 1 April 2019 and applicable in relation to the 2018-19 income year and later income years. S 276-315(5) formerly read:
276-315(5)
For the purposes of this section, treat the amount of the component as being double what it would be apart from this subsection.
History
S 276-315 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.