Document ID: chunk:federal_register_of_legislation:C2019C00124:clause:3_11:p11
Version: federal_register_of_legislation:C2019C00124
Segment Type: clause
Provision Reference: sch 3 cl 11 (pt 11/13)
Character Range: 115893–118435

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 the time the deemed payment arises.
 (2) A payment that does not arise because of the operation of section 12A‑205 is a pre‑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 before the time the deemed payment arises.

12A‑215  AMIT payment to the Commissioner in respect of deemed payments to offshore entities etc.
 (1) A trustee of a trust that is an *AMIT for an income year must pay an amount to the Commissioner if:
 (a) the trust is a *withholding MIT in relation to the income year; and
 (b) the trustee makes a payment (the deemed payment) that arises because of the operation of section 12A‑205; and
 (c) the payment is made to an entity (the recipient) that is:
 (i) if the payment is a *fund payment—an entity covered by section 12‑410; or
 (ii) if the payment is an *AMIT DIR payment—an entity that is not an Australian resident.
Note 1: An entity may be covered by section 12‑410 if the entity has an address outside Australia or payment is authorised to be made to a place outside Australia.
Note 2: If the payment is made to a recipient not covered by subparagraph (c)(i) or (ii), the trustee is required to give a notice to the recipient or publish information on a website setting out certain details about the payment: see sections 12‑395 and 12A‑15.
 (2) The amount that the trustee must pay is equal to the amount that the trustee would, if the assumptions in subsection (3) were made, have had to withhold under:
 (a) if the deemed payment is a *fund payment—section 12‑385; or
 (b) if the deemed payment is an *AMIT DIR payment—section 12‑210, 12‑245 or 12‑280.
 (3) The assumptions are that:
 (a) the deemed payment had not arisen because of the operation of section 12A‑205; and
 (b) the deemed payment had instead been an actual payment; and
 (c) if the deemed payment is an *AMIT DIR payment:
 (i) where it corresponds to the character of a dividend (as defined in Division 11A of Part III of the Income Tax Assessment Act 1936) that is subject to a requirement to withhold under Subdivision 12‑F—the trust had been a company, and it had paid it