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-H
-
AMMA statements
History
Subdiv 276-H 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 276-455
Obligation to give an AMMA statement
276-455(1)
An *AMIT for an income year must give each *member of the AMIT in respect of the income year an *AMMA statement for the income year.
Note:
Section
286-75
in Schedule
1
to the
Taxation Administration Act 1953
provides an administrative penalty for breach of this subsection.
276-455(2)
The statement must be given no later than 3 months after the end of the income year.
276-455(3)
However, the *AMIT need not give an *AMMA statement under subsection (1) to a *member if:
(a)
all of the member
'
s *determined member components for the AMIT for the income year are nil; and
(b)
all of the member
'
s *membership interests in the AMIT have an *AMIT cost base net amount for the income year of nil.
276-455(4)
To avoid doubt, the *AMIT does not fail to comply with subsection (1) merely because:
(a)
the AMIT gives *AMMA statements for the income year to *members in accordance with subsection (1) by the time required under subsection (2); and
(b)
after that time, the AMIT gives those members further AMMA statements for the income year that replace the AMMA statements mentioned in paragraph (a).
History
S 276-455 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.