Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_6:p48
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 48/63)
Character Range: 458101–461127

being wholly attributable to residential dwelling assets; or
 (iii) if all the assets mentioned in paragraph (1)(c) are Australian agricultural land for rent and residential dwelling assets, and the *market value of the membership interest that is attributable to Australian agricultural land for rent equals or exceeds the market value of the membership interest that is attributable to residential dwelling assets—treat the capital gain as being wholly attributable to Australian agricultural land for rent; or
 (iv) if all the assets mentioned in paragraph (1)(c) are Australian agricultural land for rent and residential dwelling assets, and the market value of the membership interest that is attributable to Australian agricultural land for rent falls short of the market value of the membership interest that is attributable to residential dwelling assets—treat the capital gain as being wholly attributable to residential dwelling assets; or
 (b) in any other case—treat the capital gain:
 (i) as not being attributable to Australian agricultural land for rent; and
 (ii) as not being attributable to residential dwelling assets.
 (3) For the purposes of subsection (2), in determining whether the *membership interest passes the principal asset test, treat references in section 855‑30 of the Income Tax Assessment Act 1997 to *taxable Australian real property as instead being references to an asset that is any of the following:
 (a) *Australian agricultural land for rent;
 (b) a *residential dwelling asset.
 (4) For the purposes of this section, in working out the *market value of an asset, work out that market value just before the time the *CGT event mentioned in paragraph (1)(b) happens.

Subdivision 12‑J—FHSS released amounts

Table of sections
12‑460 FHSS released amounts

12‑460  FHSS released amounts
  The Commissioner must withhold an amount from the *FHSS released amounts paid in respect of a person.

Division 12A—Distributions by AMITs (including deemed payments)

Table of Subdivisions
 Guide to Division 12A
12A‑A Distributions by AMITs relating to dividend, interest and royalties
12A‑B Distributions by AMITs relating to Subdivision 12‑H fund payments
12A‑C Deemed payments by AMITs etc.

Guide to Division 12A

12A‑1  What this Division is about

      When a withholding MIT that is an AMIT gives a member an AMMA statement, the trustee is deemed to have made a payment to the member.
      The deemed payment can flow through one or more custodians, giving rise to subsequent deemed payments.
      Withholding liabilities under Subdivisions 12‑F and 12‑H do not apply in relation to deemed payments (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.

Subdivision 12A‑A—Distributions by AMITs relating to dividend, interest and royalties

Guide to Subdivision 12A‑A

12A‑5  What this Subdivision is about

      Withholding liabilities under