Document ID: chunk:federal_register_of_legislation:C2019C00124:clause:4_5:p3
Version: federal_register_of_legislation:C2019C00124
Segment Type: clause
Provision Reference: sch 4 cl 5 (pt 3/3)
Character Range: 152402–154801

a share of the net income of another trust (whether or not the other trust is a party to that scheme); and
 (c) it is reasonable to conclude that the second amount would have been higher but for the first amount.
 (6) The first amount is not *non‑arm's length income of the *managed investment trust to the extent that the second amount would have been higher as mentioned in paragraph (5)(c).

275‑615  Commissioner's determination in relation to amount of non‑arm's length income
 (1) The Commissioner may make a determination in writing that specifies an amount of *non‑arm's length income for a specified *managed investment trust in relation to a specified income year if the Commissioner is satisfied that:
 (a) the amount of non‑arm's length income for the managed investment trust in relation to the income year is reflected in:
 (i) if the trust is an *AMIT for the income year—one or more of its *trust components for the income year; or
 (ii) otherwise—its *net income for the income year; and
 (b) the managed investment trust is a party to the *scheme mentioned in paragraph 275‑610(1)(a) at a time in the income year in which the amount is derived; and
 (c) at least one the parties to that scheme is not a managed investment trust in relation to the income year.

Determination does not form part of assessment
 (2) A determination under subsection (1) does not form part of an assessment.

Notice by Commissioner of determination
 (3) If the Commissioner makes a determination under subsection (1), the Commissioner must give a copy of the determination to the *managed investment trust concerned. The notice may be included in a notice of assessment.

Evidence of determination
 (4) The production of:
 (a) a notice of a determination; or
 (b) a document signed by the Commissioner, a Second Commissioner or a Deputy Commissioner purporting to be a copy of a determination;
is:
 (c) conclusive evidence of the due making of the determination; and
 (d) conclusive evidence that the determination is correct (except in proceedings under Part IVC of the Taxation Administration Act 1953 on an appeal or review relating to the determination).

Objections
 (5) If an entity to whom a determination relates is dissatisfied with the determination, the entity may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953.

Taxation Administration Act 1953