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Trust tax return instructions 2011

 
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Warning: This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.

22 Attributed foreign income

For information on calculating the amounts shown at M, U and X, see the Foreign income return form guide 2011 (NAT 1840).

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Where the trust is a member of a consolidated group for the whole income year and derived foreign income, the responsibility for preparing the schedule will rest on the head company of the consolidated group.

Where a return is required because the trust had a period in the income year when it was not a member of a consolidated group (a non-membership period) the trust should complete a Schedule 25A 2011 or International dealings schedule - financial services 2011 where it has derived foreign income attributable to non-membership period."

If the trust was a subsidiary member of a consolidated group at any time during the income year and has completed Z2 item 2, a Schedule 25A 2011 is not required.

Did you have either a direct or indirect interest in a foreign trust, controlled foreign company or transferor trust?

Direct or indirect interests in a controlled foreign company or a foreign trust are taken to have the same meaning as set out in Division 3 of Part X of the ITAA 1936.

A trust has an interest in a transferor trust if the trust has ever made, or caused to be made, a transfer of property or services to a non-resident trust. Transfer of property and services is defined in section of 102AAB the ITAA 1936.

Sections 102AAJ and 102AAK of the ITAA 1936 provide guidance on whether there was a transfer, or a deemed transfer, of property or services to a non-resident trust.

If the answer to this question is yes, print X in the Yes box at S and either:

  • complete section B of Schedule 25A 2011, together with any other relevant part or schedule, or
  • complete an International dealings schedule - financial services 2011.

Attach the completed Schedule 25A 2011 to the tax return. Print X in the Yes box at Have you attached any 'other attachment'? at the top of page 1 of the tax return.

If the answer to this question is no, print X in the No box at S.

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For more information, see Schedule 25A instructions 2011 (NAT 2639) or the International dealings schedule - financial services instructions 2011.

Listed country

Show at M the amount of gross attributed foreign income from controlled foreign entities and transferor trusts of listed countries. Listed countries are set out in Part 1 of Schedule 10 to the Income Tax Regulations 1936 (ITR 1936).

Attributed foreign income is the income attributed to the taxpayer from controlled foreign entities, calculated in accordance with Division 7 of Part X of the ITAA1936, and includes an amount grossed-up under section 392 of the ITAA 1936, as appropriate, to the extent of any foreign taxes paid.

Show at M the amount of income attributed from a transferor trust that is a listed country trust estate, calculated in accordance with Subdivision D of Division 6AAA of the ITAA 1936.

A listed country trust estate is defined in section 102AAE of the ITAA 1936.

Section 404 country

Show at U the amount of attributed foreign income from controlled foreign entities in section 404 countries. Section 404 countries are listed in Part 2 of Schedule 10 to the ITR 1936.

Also show at U the amount of income attributed from a transferor trust if the entire income and profits of the trust are subject to tax in a section 404 country. Do not include the amount if it is shown at M.

Unlisted country

Show at X the amount of attributed foreign income from controlled foreign entities in unlisted countries. Unlisted countries are countries that are not listed in Schedule 10 to the ITR 1936.

Show at X the amount of income attributed from a transferor trust if the amount has not been shown at M or U.

Sections within Foreign income

Last Modified: Friday, 5 October 2012

 
Table of contents
About these instructions
Introduction
General information
Schedules
Completing the tax return - Page 1 Trust tax return
Remainder of trust tax return
Income excluding foreign income
Deductions
Foreign income
Overseas transactions
Taxation of financial arrangements
Key financial information
Business and professional items
Statements of distribution
Declarations
Worksheets
Appendixes
Abbreviations
Lodgment
Payment
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