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  • Attribution managed investment trust member annual (AMMA) statement and standard distribution statement (SDS): guidance notes for trustees 2018

    What's new?

    Streaming election

    From 2017–18, the 2011 trust streaming rules for franked distributions and capital gains apply to all MITs that are not AMITs, rather than only those MITs that have elected to apply the rules.

    Introduction

    The 2018 Attribution MIT member annual (AMMA) statement and the standard distribution statement (SDS) are the formats recommended by:

    • the Australian Taxation Office (ATO)
    • the Financial Services Council (FSC)
    • the Australian Custodial Services Association (ACSA)

    for disclosure by trusts of tax information to resident and non-resident individuals to complete 2018 tax returns, relevant schedules and other requirements.

    This document provides guidance to prepare either an AMMA statement or an SDS. Parts A and B are applicable to both statements however there are two part Cs to cater for the distinct requirements of an AMMA statement and SDS.

    Trustees of AMITs must give an AMMA statement within three months of the end of the income year to each person who was a member of an AMIT during the income year. Trustees of non-AMITs should use the SDS for their investors.

    Both formats align with the Annual investment income report (AIIR). From 2016–17, all MITs are expected to lodge an AIIR.

    The 2018 statements that appear below include example amounts that are referred to in the guidance notes that follow it.

    From 2017–18, trustees of MITs must apply the 2011 trust streaming provisions. Prior to 2017–18, the rules applied only if MITs (and other trusts that were treated as MITs) made a choice that they apply. The streaming rules do not apply to AMITs, which are subject to the separate attribution rules that enable capital gains and franked distributions to be attributed to members for tax purposes.

    Abbreviations and glossary

    AIIR

    annual investment income report

    AMIT

    attribution managed investment trust

    AMMA statement

    attribution managed investment trust member annual statement

    CFC

    controlled foreign company

    CGT

    capital gains tax

    FITO

    foreign income tax offset

    IDPS

    investor directed portfolio services

    ITAA 1936

    Income Tax Assessment Act 1936

    ITAA 1997

    Income Tax Assessment Act 1997

    member component

    for an AMIT, the investor's member component of a particular character - that is, the amount of the AMIT's determined trust component of that character that is attributable to the member in accordance with section 276-210 of the ITAA 1997

    MIT

    managed investment trust

    net income

    • for an AMIT - the sum of the trust components of a character relating to assessable income as worked out under sections 276-265 and 276-270 of the ITAA 1997
    • for a non-AMIT - the net income of the trust calculated under section 95 of the ITAA 1936
     

    non-AMIT

    a trust other than an AMIT

    SDS

    standard distribution statement

    share

    This will depend on the context, however, generally a reference to an investor's share will be:

    • for an AMIT – the investor's member component(s) of a particular character
    • for a non-AMIT – the investor's share of the net income (or of a component of the net income) determined in accordance with Division 6 and/or Division 6E of Part III of the ITAA 1936
     

    TAP

    taxable Australian property

    TFN

    tax file number

    Purpose

    These notes are designed to help those preparing AMMA statements or SDS understand the basis for the format of the 2018 statement, and the rationale behind the various items disclosed on the statement.

    The information contained in these notes and the sample AMMA statement or SDS is not an ATO interpretive advice or a statement of the ATO's interpretation of the taxation laws relevant to the items included in the statement and the notes, their character and calculation of their amounts. These notes do not set out a precedential ATO view.

    For more information, see ATO advice and guidance.

    Last modified: 03 Jul 2018QC 55186