Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p15
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 15/80)
Character Range: 4378580–4381250

the amount included in the assessable income of the *member as mentioned in subsection (1) to the extent (if any) that a corresponding amount is included in the assessable income of the member in respect of the member's interest in the *AMIT because of the operation of subsection 276‑80(2).
 (3) To avoid doubt, this section is subject to section 230‑20 (financial arrangements).

Foreign resident members—taxation of trustee and corresponding tax offset for members

276‑105  Trustee taxed on foreign resident's determined member components
 (1) This section applies if:
 (a) 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 assessable income in respect of the AMIT; and
 (b) either:
 (i) unless subparagraph (ii) applies—the member is a foreign resident at the end of the income year; or
 (ii) if the member is, in respect of that determined member component, a beneficiary in the capacity of a trustee of another trust—a trustee of the other trust is a foreign resident at the end of the income year; and
 (c) the AMIT is not a *withholding MIT.
 (2) The trustee of the *AMIT is to be assessed and is liable to pay income tax:
 (a) if subparagraph (1)(b)(i) applies and the *member is not a company—in respect of the amount mentioned in subsection (3) as if it were the income of an individual and were not subject to any deduction; or
 (b) if subparagraph (1)(b)(i) applies and the member is a company—in respect of the amount mentioned in subsection (3) at the rate declared by the Parliament for the purposes of this paragraph; or
 (c) if subparagraph (1)(b)(ii) applies—in respect of the amount mentioned in subsection (4) or (5) at the rate declared by the Parliament for the purposes of this paragraph.
Note: The rates are set out in the following provisions:
(a) for paragraph (a)—subsection 12(6A) of the Income Tax Rates Act 1986 and Schedule 10A to that Act;
(b) for paragraph (b)—paragraph 28A(a) of that Act;
(c) for paragraph (c)—paragraph 28A(b) of that Act.
 (3) The amount is the *determined member component, to the extent that the component:
 (a) is attributable to a period when the *member was an Australian resident; or
 (b) is attributable to a period when the member was not an Australian resident and is attributable to sources in Australia.
 (4) The amount is the *determined member component, to the extent that the component is attributable to sources in Australia.
 (5) For the purposes of subsection (4), treat the entire amount of the *determined member component as not being attributable to sources in Australia if it is of the character of:
 (a) a