Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 276.425

Trustee taxed on amounts of over of character relating to tax offset not properly carried forward

             (1)  An * AMIT for an income year has a shortfall under this subsection for the income year equal to the amount (if any) by which:

                     (a)  an * over of the AMIT of a character relating to a * tax offset in the income year relating to an earlier income year (the base year ) (as worked out by the trustee on the basis of the trustee's knowledge at the discovery time mentioned in subsection 276-345(2));

falls short of:

                     (b)  what the over would have been if it had been worked out on the basis of what the trustee should have known at that time.

Liability to tax

             (2)  The trustee is liable to pay tax at the rate declared by the Parliament on the amount that is the sum of each shortfall of the * AMIT under subsection (1) for the income year.

Note:          The tax is imposed by the Income Tax (Attribution Managed Investment Trusts--Offsets) Act 2016 and the rate of the tax is set out in that Act.

Adjustment for later overs relating to the same base year

             (3)  If there is a shortfall under subsection (1) for a particular character for an income year, for the purposes of applying paragraph 276-345(3)(b) (base year running balance) to a later income year, decrease the amount mentioned in subparagraph 276-345(3)(b)(ii) (previous discovery year amount) for that character by the amount of the shortfall.

             (4)  Subsection (5) applies if:

                     (a)  there is a shortfall under subsection (1) of a particular character relating to a * tax offset for an income year; and

                     (b)  the * AMIT has an * over of that character in a later income year relating to the base year mentioned in subsection (1); and

                     (c)  the amount mentioned in paragraph (1)(b) is reflected (in whole or in part) in the amount of the over.

             (5)  Reduce the shortfall by the extent to which the * over in the later income year reflects the amount mentioned in paragraph (1)(b).

Commissioner may remit tax under this Subdivision



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