Taxation Determination

TD 2011/15A1 - Addendum

Income tax: Division 7A - unpaid present entitlements - factors the Commissioner will take into account in determining the amount of any deemed entitlement arising under section 109XI of the Income Tax Assessment Act 1936

Addendum

This Addendum is a public ruling for the purposes of the Taxation Administration Act 1953. It updates Taxation Determination TD 2011/15 to include reference to Taxation Determination TD 2022/11 Income tax: Division 7A: when will an unpaid present entitlement or amount held on sub-trust become the provision of 'financial accommodation'? which was published on 13 July 2022.

TD 2011/15 is amended as follows:

Preamble

Omit the preamble; substitute:

Relying on this Determination
This publication (excluding appendix) is a public ruling for the purposes of the Taxation Administration Act 1953.
If this Determination applies to you, and you correctly rely on it, we will apply the law to you in the way set out in this Determination. That is, you will not pay any more tax or penalties or interest in respect of the matters covered by this Determination.

2. Table of Contents

Insert Table of Contents:

Table of Contents Paragraph
Ruling 1
      Example 1 6
      Example 2 17
      Example 3 22
      Example 4 28
      Example 5 38
      Example 6 43
      Example 7 47
Date of effect 56
Appendix - Explanation 57
Background 57
Section 109XI 64
Limit in subsection 109XI(3) 70
Amount determined by the Commissioner 73
(a) limit in subsection 109XI(5) 74
(b) other matters the Commissioner will take account of 75
(c) composite entitlements and other income 84

3. Paragraph 56

After 'TR 2006/10', insert 'Public Rulings'.

4. Paragraph 57

(a) In the heading 'Appendix 1 - Explanation', omit '1'.

(b) Omit the heading 'Explanation'.

5. Paragraph 60

Omit 'Taxation Ruling TR 2010/3 Income tax: Division 7A loans: trust entitlements'; substitute 'Taxation Determination TD 2022/11 Income tax: Division 7A: when will an unpaid present entitlement or amount held on sub-trust become the provision of 'financial accommodation'?'.

6. Paragraph 73

Omit 'the following:'; substitute 'those set out in paragraphs 74 to 87 of this Determination.'.

This Addendum applies from 13 July 2022.

Commissioner of Taxation
10 August 2022

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

References

ATO references:
NO N/A

ISSN: 2205-6211

Business Line:  PW