Document ID: chunk:federal_register_of_legislation:C2019C00124:clause:3_11:p6
Version: federal_register_of_legislation:C2019C00124
Segment Type: clause
Provision Reference: sch 3 cl 11 (pt 6/13)
Character Range: 103526–106433

Subdivision 12‑F.
 (4) To work out the amount of an AMIT royalty payment, apply subsections 12A‑30(4), (5), (6) and (7). For this purpose:
 (a) treat references in those subsections to AMIT dividend payments as instead being references to AMIT royalty payments; and
 (b) treat the reference in subsection 12A‑30(4) to "the amount mentioned in subsection (3)" as instead being a reference to "the amount mentioned in subsection 12A‑40(3)".

Subdivision 12A‑B—Distributions by AMITs relating to Subdivision 12‑H fund payments

Guide to Subdivision 12A‑B

12A‑100  What this Subdivision is about

      Withholding liabilities under Subdivision 12‑H do not apply in relation to deemed payments arising under Subdivision 12A‑C analogous to fund payments under Subdivision 12‑H (although analogous liabilities may arise under Subdivision 12A‑C).
      AMIT trustees, custodians and other entities may be required to give notices etc. to recipients of such deemed payments.

Table of sections

Operative provisions
12A‑105 Deemed payments—no obligation to withhold under Subdivision 12‑H
12A‑110 Meaning of fund payment—AMITs

Operative provisions

12A‑105  Deemed payments—no obligation to withhold under Subdivision 12‑H
 (1) The trustee mentioned in subsection 12‑385(1) need not withhold an amount under that subsection from the payment mentioned in that subsection if the payment arises because of the operation of section 12A‑205 (deemed payments).
Note: The trustee may have to pay the Commissioner an amount in respect of the deemed payment (see Subdivision 12A‑C).
 (2) The *custodian mentioned in subsection 12‑390(1) need not withhold an amount under that subsection from the later payment mentioned in that subsection if:
 (a) the later payment arises because of the operation of section 12A‑205 (deemed payments); or
 (b) the later payment is a *post‑AMMA actual payment in respect of a payment of a kind mentioned in paragraph (a).
Note: Either or both of the trustee of the AMIT concerned and the custodian may have to pay the Commissioner an amount in respect of the deemed payment (see Subdivision 12A‑C).
 (3) The entity mentioned in subsection 12‑390(4) need not withhold an amount under that subsection from the payment mentioned in that subsection if:
 (a) the payment arises because of the operation of section 12A‑205 (deemed payments); or
 (b) the payment is a *post‑AMMA actual payment in respect of a payment of a kind mentioned in paragraph (a).
Note: The entity may have to pay the Commissioner an amount in respect of the deemed payment (see Subdivision 12A‑C).
 (4) Disregard this section for the purposes of section 12‑395.

12A‑110  Meaning of fund payment—AMITs
 (1) This section applies to a trust that is an *AMIT for an income year.
 (2) The object of this section is to ensure that the total of the *fund payments that the trustee of the *AMIT makes in relation to the income