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TAX LAWS AMENDMENT (NEW TAX SYSTEM FOR MANAGED INVESTMENT TRUSTS) ACT 2016 (NO. 53, 2016) - SCHEDULE 9

   

Income Tax Assessment Act 1997

Subsection 995-1(1)

Insert:

"AMIT (short for attribution managed investment trust" ) has the meaning given by section 276-10.

"AMIT cost base increase amount " has the meaning given by section 104-107E.

"AMIT cost base net amount " has the meaning given by section 104-107C.

"AMIT cost base reduction amount " has the meaning given by section 104-107D.

"AMIT DIR payment " has the meaning given by section 12A-25 in Schedule 1 to the Taxation Administration Act 1953 .

"AMIT dividend payment " has the meaning given by section 12A-30 in Schedule 1 to the Taxation Administration Act 1953 .

"AMIT interest payment " has the meaning given by section 12A-35 in Schedule 1 to the Taxation Administration Act 1953 .

"AMIT member annual statement " : see AMMA statement .

"AMIT royalty payment " has the meaning given by section 12A-40 in Schedule 1 to the Taxation Administration Act 1953 .

"AMMA statement (short for AMIT member annual statement" ) has the meaning given by section 276-460.

Subsection 995-1(1) (after paragraph (a) of the definition of amount required to be withheld )

Insert:

                  (aaa)  the amount that Division 12A in that Schedule requires the entity to pay to the Commissioner in respect of the payment; or

Subsection 995-1(1) (after paragraph (a) of the definition of amount withheld )

Insert:

                  (aaa)  an amount that the entity paid to the Commissioner under Division 12A in that Schedule in respect of the payment; or

Subsection 995-1(1)

Insert:

"attribution managed investment trust " : see AMIT .

"carry-forward trust component deficit " , of a particular character, has the meaning given by section 276-330.

"cross-character allocation amount " , of a particular character, has the meaning given by section 276-330.

"debt-like trust instrument " has the meaning given by section 276-505.

"determined member component " has the meaning given by section 276-205.

"determined trust component " has the meaning given by section 276-255.

"FITO allocation amount " , of a particular character, has the meaning given by section 276-335.

Subsection 995-1(1) (at the end of the definition of fixed trust )

Add:

Note:          AMITs are treated as fixed trusts (see section 276-55).

Subsection 995-1(1) (definition of fund payment )

Omit "12-405", substitute "sections 12-405 and 12A-110".

Subsection 995-1(1) (at the end of the definition of income tax law )

Add:

               ; or (f)  tax payable in accordance with subsection 276-340(2), 276-410(2), 276-425(2) or 276-820(6) (AMIT offset taxation).

Subsection 995-1(1) (definition of managed investment trust )

Repeal the definition, substitute:

"managed investment trust " has the meaning given by section 275-10.

Subsection 995-1(1)

Insert:

"member component " has the meaning given by section 276-210.

10  Subsection 995-1(1) (definition of MIT participation interest )

Repeal the definition, substitute:

"MIT participation interest " has the meaning given by section 275-40.

11  Subsection 995-1(1) (definition of non-arm's length income )

Repeal the definition, substitute:

"non-arm's length income " has the meaning given by sections 295-550 and 275-610.

12  Subsection 995-1(1)

Insert:

"over " , of a particular character, has the meaning given by section 276-345.

"post-AMMA actual payment " has the meaning given by section 12A-210 in Schedule 1 to the Taxation Administration Act 1953 .

"pre-AMMA actual payment " has the meaning given by section 12A-210 in Schedule 1 to the Taxation Administration Act 1953 .

"rounding adjustment deficit " has the meaning given by section 276-310.

"rounding adjustment surplus " has the meaning given by section 276-315.

"trust component " , of a particular character, has the meaning given by sections 276-260.

"trust component deficit " , of a particular character, has the meaning given by sections 276-320.

"under " , of a particular character, has the meaning given by section 276-345.

"withholding MIT " has the meaning given by section 12-383 in Schedule 1 to the Taxation Administration Act 1953 .

13  Subsection 995-1(1) (after paragraph (a) of the definition of withholding payment (first occurring))

Insert:

                    (aa)  a payment that arises because of the operation of section 12A-205 in that Schedule (deemed payments) in respect of which Subdivision 12A-C in that Schedule requires an amount to be paid to the Commissioner; or

14  Subsection 995-1(1) (after paragraph (a) of the definition of withholding payment (second occurring))

Insert:

                    (aa)  a payment that arises because of the operation of section 12A-205 in that Schedule (deemed payments) in respect of which that provision requires an amount to be paid to the Commissioner; or




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