Document ID: chunk:federal_register_of_legislation:F2018L00620:body:0:p11
Version: federal_register_of_legislation:F2018L00620
Segment Type: other
Provision Reference: 
Character Range: 26388–29152

by the last day of the first month following the end of the income year.

5.4 Requirement to lodge an ancillary fund return

    An entity that is a trustee of a public ancillary fund (within the meaning of subsection 426‑102(1) of Schedule 1 to the TAA) or a private ancillary fund (within the meaning of subsection 426-105(1) of Schedule 1 to the TAA) is required to lodge an ancillary fund return in the *approved form for the *income year, whether or not the ancillary fund is exempt from income tax.

    Note:

       (a)       For public ancillary funds and private ancillary funds registered as a charity with the Australian Charities and Not-for-profits Commission (ACNC), the ACNC annual information statement that must be lodged with the ACNC Commissioner is the approved form for the ancillary fund return.

       (b)      A trustee of a public ancillary fund or a private ancillary fund that is not registered as a charity with the ACNC and that derived income (including capital gains) during the income year is also required to lodge an income tax return under Table E of this instrument.

Date of lodgment of an ancillary fund return

    An entity required to lodge an ancillary fund return must lodge the return:

       (1)      by 31 December 2018, if the entity's *year of income ends on 30 June 2018; or

       (2)      by the last day of the sixth month after the end of the entity's *adopted accounting period.

    If an entity must give an annual information statement to the Commissioner of the ACNC under the Australian Charities and Not-for-profits Commission Act 2012 (ACNC Act), the entity's lodgment date for the ancillary fund return is the lodgment date of the information statement

    Note:

    Section 60-5 of the ACNC Act specifies the lodgment date for the annual information statement. The Commissioner of the ACNC may allow further time.

       5.5 Date of lodgment of returns and statements by a trustee of a self managed super fund

5.5.1 Returns under section 35D of the SISA

    Where a taxpayer is a trustee of a self managed superannuation fund as defined in the SISA at any time during the *income year, then under paragraph 35D(2)(b) of the SISA I specify that the reporting period for lodgment of a return under section 35D is the period ending on the day that the taxpayer is required to lodge their income tax return.

    Note:

    The return under section 35D forms part of the Self-managed superannuation fund annual return 2018 which must be lodged with the Commissioner in accordance with this instrument.

5.5.2 Member information statements under section 390-5 of Schedule 1 to the TAA

    The lodgment of member information statements by superannuation providers is required under section 390-5