The business, assets and liabilities of each sub - fund of a CCIV are taken to constitute the trust estate of a separate trust (a CCIV sub - fund trust), of which the CCIV is the trustee and the members of the sub - fund are the beneficiaries.
This Subdivision sets out further rules to facilitate the CCIV, and the sub - fund and its members, being taxed on this basis, including:
• modifications of the rules for determining whether the CCIV sub - fund trust is a managed investment trust (under Division 275) and an attribution managed investment trust (under Division 276); and
Note: These modifications also affect whether the trust is a withholding MIT under Subdivision 12 - H in Schedule 1 to the Taxation Administration Act 1953 .
• rules to support the application of Division 6 or 6C of Part III of the Income Tax Assessment Act 1936 , to the extent that Division applies to the trust; and
• rules to support the application to the trust of relevant rules about trust losses and capital gains.
195 - 105 Effect of this Subdivision
195 - 110 Each sub - fund of a CCIV is taken to be a separate trust
195 - 115 A CCIV sub - fund trust is a unit trust
195 - 120 Beneficiary of a CCIV sub - fund trust has fixed entitlements to shares of income and capital of the trust
195 - 123 How to work out the income of the trust estate of a CCIV sub - fund trust for an income year
195 - 125 When a beneficiary of a CCIV sub - fund trust is presently entitled to trust income
195 - 127 When a beneficiary of a CCIV sub - fund trust has an individual interest in exempt income and non - assessable non - exempt income of the trust estate
195 - 130 Application of Division 275 (managed investment trusts) to a CCIV sub - fund trust
195 - 135 Application of Division 276 (AMITs) to a CCIV sub - fund trust
195 - 140 Entry on Australian Business Register