Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p16
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 16/80)
Character Range: 4381012–4383662

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 *discount capital gain from a *CGT asset that is not *taxable Australian property; or
 (b) a *capital gain (other than a discount capital gain) from a CGT asset that is not taxable Australian property.

Exception for component reflected in AMIT DIR payment or fund payment
 (6) Subsection (2) does not apply to the extent that the *determined member component is reflected in an *AMIT DIR payment or a *fund payment, if an amount in respect of the payment:
 (a) has been withheld from the payment under Subdivision 12‑F or 12‑H in Schedule 1 to the Taxation Administration Act 1953; or
 (b) would be so withheld apart from 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.

Gross‑up for discount capital gain
 (7) Subsection (8) applies if a *determined member component is of the character of:
 (a) a *discount capital gain from a *CGT asset that is *taxable Australian property; or
 (b) a discount capital gain from a CGT asset that is not taxable Australian property.
 (8) For the purposes of this section, treat the amount of the component as being double what it would be apart from this subsection.

276‑110  Refundable tax offset for foreign resident member—member that is not a trustee
 (1) This section applies if a trustee is assessed and liable to pay income tax under section 276‑105 in respect of a *member because of paragraph 276‑105(2)(a) or (b).
 (2) The *member is entitled to a *tax offset for the income year equal to the tax paid by the trustee in accordance with subsection 276‑105(2).
Note: The tax offset is subject to the refundable tax offset rules: see section 67‑23.

Special rule for interposed custodian

276‑115  Custodian interposed between AMIT and member
 (1) This section applies if:
 (a) a trust that is a *custodian is a *member of an *AMIT in respect of an income year; and
 (b) the custodian has, for the income year, a *determined member component of a particular character for the AMIT; and
 (c) the custodian is interposed between the AMIT and another entity (the subsequent recipient); and
 (d) the subsequent recipient:
 (i) starts to have, at a time in the income year, an entitlement to an amount that is reasonably attributable to all or part of the