Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 276.80

Member's assessable income or tax offsets for determined member components--general rules

Components of income character

  (1)   Subsection   (2) applies if a * member of an * AMIT in respect of an income year has, for the income year, a * determined member component of:

  (a)   a character relating to assessable income; or

  (b)   a character relating to * exempt income; or

  (c)   a character relating to * non - assessable non - exempt income.

  (2)   For the purpose of working out the effects mentioned in subsection   (3) for the * member, treat the member as having derived, received or made the amount reflected in the * determined member component:

  (a)   in the member's own right (rather than as a member of a trust); and

  (b)   in the same circumstances as the * AMIT derived, received or made that amount, to the extent that those circumstances gave rise to the particular character of that component.

  (3)   The effects are as follows:

  (a)   including an amount in the assessable income of the * member;

  (b)   including an amount in the * exempt income of the member;

  (c)   including an amount in the * non - assessable non - exempt income of the member;

  (d)   determining whether the member has made a * capital gain from a * CGT event;

  (e)   determining the extent to which the member's * net capital loss has been * utilised.

Components of tax offset character

  (4)   Subsection   (5) applies if a * member of an * AMIT in respect of an income year has, for the income year, a * determined member component of a character relating to a * tax offset.

  (5)   For the purpose of working out the effects mentioned in subsection   (6) for the * member, treat the member as having paid or received the amount reflected in the * determined member component:

  (a)   in the member's own right (rather than as a member of a trust); and

  (b)   in the same circumstances as the * AMIT paid or received that amount.

  (6)   The effects are as follows:

  (a)   entitling the member to a * tax offset;

  (b)   entitling the member to a credit under Division   18 in Schedule   1 to the Taxation Administration Act 1953 .


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