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-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.
Unders and overs
SECTION 276-350
276-350
Limited discovery period for unders and overs
Despite section
276-345
, an *AMIT does not have an *under or an *over of a particular character for an income year (the
base year
) if:
(a)
assuming the Commissioner made an assessment of the *trust component of that character on the day on which the document stating the AMIT
'
s *determined trust component of that character for the base year was created; and
(b)
assuming the assessment had not been amended at the discovery time mentioned in subsection
276-345(2)
for the under or over;
section
170
of the
Income Tax Assessment Act 1936
would prevent the assessment from being amended to take account of the under or over.
Note:
Section
170
of the
Income Tax Assessment Act 1936
specifies the usual period within which assessments may be amended.
History
S 276-350 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.