Income Tax Assessment Act 1936
View history note
Hide history noteDiv 6B repealed by No 53 of 2016, s 3 and Sch 5 item 3, applicable to assessments for income years starting on or after 1 July 2016. No 53 of 2016 (as amended by No 15 of 2019), s 3 and Sch 5 Pt 4 contains the following transitional provision:
Part 4 - Transitional
75 Transitional rule for 20% tracing requirement and repeal of Division 6B - imputation
(1)
This item applies if at a time (the cessation time ), on or after the commencement of this Schedule, either:
(a) section 102K of the Income Tax Assessment Act 1936 ceases to apply to the trustee of a trust because of the repeal of that section by Part 2 of this Schedule; or
(b) section 102S of that Act ceases to apply to the trustee of a trust because of the amendment made by Part 1 of this Schedule.
(2)
Subitems (3) and (3A) apply if:
(a) an event happens in respect of the trust that is described in:
(i) the table in subsection 205-15(1) of the Income Tax Assessment Act 1997 ; or
(ii) the table in subsection 205-30(1) of that Act; and
(b) the event happens on or after the cessation time but before 1 July 2019; and
(c) the event is:
(i) the trust paying income tax for an income year starting before 1 July 2016; or
(ii) the trust paying a PAYG instalment in respect of income tax for an income year starting before 1 July 2016; or
(iii) the trust receiving a refund of income tax for an income year starting before 1 July 2016; or
(iv) the trust franking a distribution; or
(v) the trust ceasing to be a franking entity.HistoryS 75(2) amended by No 15 of 2019, s 3 and Sch 1 items 34 - 36, by substituting " Subitems (3) and (3A) apply " for " Subitem (3) applies " , " 1 July 2019 " for " 1 July 2018 " in para (b) and inserting para (c)(v), effective 1 April 2019 and applicable in relation to the 2018-19 income year and later income years.
(2A)
However, subparagraph (2)(c)(v) does not apply unless the trust ' s franking account is in surplus immediately before the trust ceases to be a franking entity.HistoryS 75(2A) inserted by No 15 of 2019, s 3 and Sch 1 item 37, effective 1 April 2019 and applicable in relation to the 2018-19 income year and later income years.
(3)
For the purposes of determining whether a franking credit or franking debit arises in the trust ' s franking account as a result of the event:
(a) treat the trust as a corporate tax entity at the time the event happens; and
(b) treat the trust as satisfying the residency requirement in section 205-25 of the Income Tax Assessment Act 1997 for the income year in which the event happens.
(3A)
If the event is an event described in item 4 of the table in subsection 205-30(1) of the Income Tax Assessment Act 1997 , treat the event as happening on 1 July 2019.HistoryS 75(3A) inserted by No 15 of 2019, s 3 and Sch 1 item 38, effective 1 April 2019 and applicable in relation to the 2018-19 income year and later income years.
(4)
Subitems (5) and (6) apply if:
(a) the trust makes a distribution on or after the cessation time but before 1 July 2019; and
(b) the trust ' s franking account is in surplus just before the trust makes the distribution; and
(c) the distribution is not made out of income derived in relation to the 2016-17 income year or a later income year.HistoryS 75(4) amended by No 15 of 2019, s 3 and Sch 1 items 39 - 41, by substituting " Subitems (5) and (6) apply " for " Subitem (5) applies " , " 1 July 2019 " for " 1 July 2018 " in para (a) and inserting para (c), effective 1 April 2019 and applicable in relation to the 2018-19 income year and later income years.
(5)
For the purposes of determining whether the trust franks the distribution as a result of the event:
(a) treat the trust as a corporate tax entity at the time it makes the distribution; and
(b) treat the trust as satisfying the residency requirement in section 202-20 of the Income Tax Assessment Act 1997 at the time it makes the distribution.
(6)
Treat a beneficiary of the trust who receives the distribution as receiving, for the purposes of the income tax law, a dividend from a corporate tax entity.HistoryS 75(6) inserted by No 15 of 2019, s 3 and Sch 1 item 42, effective 1 April 2019 and applicable in relation to the 2018-19 income year and later income years.
Note:
As a result, the trust will satisfy the requirement in paragraph 202-5(a) of that Act in respect of the distribution. If the other requirements in section 202-5 of that Act are satisfied in respect of the distribution, this means that the trust franks the distribution.
Div 6B comprising s 102D to 102L inserted by No 154 of 1981.
(Repealed by No 53 of 2016)
S 102J repealed by No 53 of 2016, s 3 and Sch 5 item 3, applicable to assessments for income years starting on or after 1 July 2016. For transitional provision, see note under Pt III Div
6B
heading. S 102J formerly read:
SECTION 102J CORPORATE UNIT TRUSTS
102J(1)
A unit trust is a corporate unit trust in relation to a relevant year of income if:
(a)
where the relevant year of income is the year of income that commenced on 1 July 1980, the year of income that commenced on 1 July 1981 or the year of income commencing on 1 July 1982:
(i)
the unit trust was established after 11 July 1980;
(ii)
the unit trust is an eligible unit trust in relation to the relevant year of income;
(iii)
the unit trust is a public unit trust in relation to the relevant year of income; and
(iv)
either of the following conditions is satisfied:
(A)
the unit trust is a resident unit trust in relation to the relevant year income;
(B)
the unit trust was a corporate unit trust in relation to a year of income preceding the relevant year of income; or
(b)
where the relevant year of income is the year of income commencing on 1 July 1983 or a subsequent year of income:
(i)
the unit trust is an eligible unit trust in relation to the relevant year of income;
(ii)
the unit trust is a public unit trust in relation to the relevant year of income; and
(iii)
either of the following conditions is satisfied:
(A)
the unit trust is a resident unit trust in relation to the relevant year of income;
(B)
the unit trust was a corporate unit trust in relation to a year of income preceding the relevant year of income.
102J(2)
Where a unit trust that was established on or before 11 July 1980 is an eligible unit trust in relation to the year of income that commenced on 1 July 1980, the year of income that commenced on 1 July 1981, or the year of income commencing on 1 July 1982 by virtue of a prescribed arrangement in relation to a company or unit trust that was entered into or carried out after 11 July 1980 then, whether or not the unit trust is also an eligible unit trust in relation to any of those years of income by virtue of a prescribed arrangement in relation to a company or unit trust that was entered into or carried out on or before 11 July 1980, the unit trust shall be taken, for the purposes of subparagraph (1)(a)(i), to have been established after 11 July 1980.
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