Document ID: chunk:federal_register_of_legislation:C2019C00124:clause:3_11:p10
Version: federal_register_of_legislation:C2019C00124
Segment Type: clause
Provision Reference: sch 3 cl 11 (pt 10/13)
Character Range: 113502–116118

and fund payment;
 (v) next, work out how much of the result of subparagraph (iv) is referable to the first recipient.
 (3) Also, for the purposes of Division 11A of Part III of the Income Tax Assessment Act 1936, treat the first recipient as having derived the first deemed payment just before the end of the income year to which the *AMMA statement relates.
 (4) Subsection (5) applies if:
 (a) the first recipient is a *custodian; and
 (b) another entity (the subsequent recipient):
 (i) starts to have, at a time, an entitlement to an amount that is reasonably attributable to all or part of the first deemed payment; or
 (ii) would start to have, at a time, such an entitlement if the first deemed payment were an actual payment of an amount.
 (5) For the purposes of this Part, Subdivision 840‑M of the Income Tax Assessment Act 1997 and Division 11A of Part III of the Income Tax Assessment Act 1936:
 (a) treat the first recipient as having made a payment (the subsequent deemed payment) of an amount to the subsequent recipient at that time; and
 (b) treat the amount of the subsequent deemed payment as being the amount of the entitlement mentioned in subparagraph (4)(b)(i) or (ii); and
 (c) treat the amount of the subsequent deemed payment as being attributable to the first deemed payment.
 (6) Also, for the purposes of Division 11A of Part III of the Income Tax Assessment Act 1936, treat the subsequent recipient as having derived the subsequent deemed payment at the time the subsequent deemed payment arises.
 (7) If:
 (a) an entity is a subsequent recipient mentioned in subsection (4) (including as a result of a previous operation of this subsection); and
 (b) subsection (5) applies with the result that a payment is treated as having been made to the entity; and
 (c) the entity is a *custodian;
apply subsections (4), (5) and (6) again as if the entity were the first recipient mentioned in subsection (4).
Note: This means that the entity is treated under subsection (5) as having made a payment to another entity if the other entity has (or would have) an entitlement as mentioned in paragraph (4)(b).

12A‑210  Post‑AMMA actual payment and pre‑AMMA actual payment in respect of deemed payment
 (1) A payment that does not arise because of the operation of section 12A‑205 is a post‑AMMA actual payment in respect of a payment (the deemed payment) that does arise because of the operation of that section if:
 (a) the payment and the deemed payment are both attributable to the same *member component for the *AMIT mentioned in that section; and
 (b) the actual payment is made at or after