Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p14
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 14/80)
Character Range: 4376118–4378811

subsection (3), the Commissioner may have regard to any of the following:
 (a) arrangements (if any) entered into by the *member that directly or indirectly reduce the economic exposure of the member to changes in the value of the *membership interests held by the member in the *AMIT;
 (b) the lack of such arrangements;
 (c) the length of time that the member has been a member of the AMIT;
 (d) any other matter that the Commissioner considers relevant.
 (6) A determination under subsection (3) is not a legislative instrument.
 (7) If an entity to whom a determination relates is dissatisfied with the determination, the entity may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953.

276‑95  Relationship between section 276‑80 and withholding rules
 (1) Subsection 276‑80(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.
 (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