Document ID: chunk:federal_register_of_legislation:F2016C00648:reg:6
Version: federal_register_of_legislation:F2016C00648
Segment Type: reg
Provision Reference: reg 6
Character Range: 770–2115

6  Changing the scheme's constitution to meet AMIT requirements
Endnotes
Endnote 1—Instrument history
Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument
This is the ASIC Corporations (Attribution Managed Investment Trusts) Instrument 2016/489.

3 Authority
This instrument is made under subsection 601QA(1) of the Corporations Act 2001.

4 Definitions
In this instrument:
Act means the Corporations Act 2001.
attribution managed investment trust (or AMIT) has the meaning given by section 276-10 of the ITA Act.
ITA Act means the Income Tax Assessment Act 1997.

       Part 2—Exemption

5 Equality of treatment: attribution for tax purposes
    A responsible entity of a registered scheme that is an AMIT does not have to comply with paragraph 601FC(1)(d) of the Act to the extent that it requires the responsible entity to treat the members of the scheme who hold interests of the same class equally where the responsible entity is attributing any part of a determined trust component of a particular character to the interests held by a member of the scheme in accordance with section 276-210 of the ITA Act.
       Note: The attribution must be worked out on a fair and reasonable basis in accordance with the constituent documents of the AMIT: see subsection 276-210(3) of the ITA Act.

Part 3—Declaration