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INCOME TAX ASSESSMENT ACT 1997 - SECT 195.100

What this Subdivision is about

The business, assets and liabilities of each sub - fund of a CCIV are taken to constitute the trust estate of a separate trust (a CCIV sub - fund trust), of which the CCIV is the trustee and the members of the sub - fund are the beneficiaries.

This Subdivision sets out further rules to facilitate the CCIV, and the sub - fund and its members, being taxed on this basis, including:

  modifications of the rules for determining whether the CCIV sub - fund trust is a managed investment trust (under Division   275) and an attribution managed investment trust (under Division   276); and

  Note:   These modifications also affect whether the trust is a withholding MIT under Subdivision   12 - H in Schedule   1 to the Taxation Administration Act 1953 .

  rules to support the application of Division   6 or 6C of Part   III of the Income Tax Assessment Act 1936 , to the extent that Division applies to the trust; and

  rules to support the application to the trust of relevant rules about trust losses and capital gains.

Table of sections

Operative provisions

195 - 105   Effect of this Subdivision

195 - 110   Each sub - fund of a CCIV is taken to be a separate trust

195 - 115   A CCIV sub - fund trust is a unit trust

195 - 120   Beneficiary of a CCIV sub - fund trust has fixed entitlements to shares of income and capital of the trust

195 - 123   How to work out the income of the trust estate of a CCIV sub - fund trust for an income year

195 - 125   When a beneficiary of a CCIV sub - fund trust is presently entitled to trust income

195 - 127   When a beneficiary of a CCIV sub - fund trust has an individual interest in exempt income and non - assessable non - exempt income of the trust estate

195 - 130   Application of Division   275 (managed investment trusts) to a CCIV sub - fund trust

195 - 135   Application of Division   276 (AMITs) to a CCIV sub - fund trust

195 - 140   Entry on Australian Business Register


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