Document ID: chunk:federal_register_of_legislation:C2019C00124:clause:1_1:p7
Version: federal_register_of_legislation:C2019C00124
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 7/27)
Character Range: 22955–25633

an exemption from a requirement to withhold under Subdivision 12‑F in that Schedule; or
 (c) has been paid under Division 12A in that Schedule; or
 (d) would be so paid apart from an exemption from a requirement to withhold under Subdivision 12‑F in that Schedule.
 (2) However, if the *determined member component is reflected in a *fund payment, subsection (1) applies only to the extent to which an amount attributable to the fund payment is treated under section 840‑815 as not assessable income and not *exempt income.
 (3) Subsection 276‑80(2) does not affect the operation of the following:
 (a) Division 11A of Part III of the Income Tax Assessment Act 1936;
 (b) Subdivision 840‑M of this Act;
 (c) Division 12 in Schedule 1 to the Taxation Administration Act 1953.
Note: See Division 12A in Schedule 1 to the Taxation Administration Act 1953 for provisions about withholding tax that apply specifically to AMITs.

276‑100  Relationship between section 276‑80 and other charging provisions in this Act
 (1) This section applies if:
 (a) an amount is included in the assessable income of a *member of an *AMIT in respect of an income year in respect of the member's interest in the AMIT; and
 (b) that amount is so included otherwise than because of the operation of subsection 276‑80(2).
 (2) Reduce 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