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-K
-
Ceasing to be an AMIT
History
Subdiv 276-K 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 276-815
Effect of increase
276-815(1)
This section applies if there is an increase as mentioned in paragraph
276-810(2)(a)
.
276-815(2)
If the character mentioned in subsection
276-810(2)
relates to assessable income, treat the amount of the increase as assessable income of the trust for the discovery year.
276-815(3)
Subsection (4) applies if the character mentioned in subsection
276-810(2)
is 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.
276-815(4)
For the purposes of subsection (2), treat the amount of the increase as being double what it would be apart from this subsection.
276-815(5)
If that character relates to *exempt income, treat the amount of the increase as exempt income of the trust for the discovery year.
276-815(6)
If that character relates to *non-assessable non-exempt income, treat the amount of the increase as non-assessable non-exempt income of the trust for the discovery year.
276-815(7)
If that character relates to a *tax offset, treat the amount of the increase as a tax offset of the trust for the discovery year of a kind corresponding to that character (in addition to any other tax offsets of that kind that the trust may have for the discovery year).
History
S 276-815 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.