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U Forestry managed investment scheme deduction

Last updated 28 July 2020

The fund may be able to claim a deduction at U for payments made to an FMIS if:

  • the fund currently holds a forestry interest in an FMIS, or held a forestry interest in an FMIS during the 2007-08, and
  • the fund paid an amount to a forestry manager of an FMIS under a formal agreement.

The fund can claim a deduction at U only if the forestry manager has advised you that the FMIS satisfies the 70% direct forestry expenditure rule in Division 394 of the Income Tax Assessment Act 1997.

If the fund is an initial participant, it cannot claim a deduction if it disposed of the forestry interest in an FMIS within four years after the end of the income year in which a payment was first made.

If the fund is a subsequent participant, it cannot claim a deduction for the amount paid for acquiring the interest. The fund can only claim a deduction for ongoing payments.

The fund is an initial participant in an FMIS if:

  • it obtained the forestry interest in the FMIS from the forestry manager of the scheme, and
  • the payment to obtain the forestry interest results in the establishment of trees.

The fund is a subsequent participant if it is not an initial participant.

A forestry manager of an FMIS is the entity that manages, arranges or promotes the FMIS

A forestry interest in an FMIS is a right to the benefits produced by the scheme (whether the right is actual, prospective or contingent, and whether it is enforceable or not).

Initial participants can claim at U initial and ongoing payments made under an FMIS that were made as an initial participant of the FMIS.

Subsequent participants can claim at U ongoing payments made under an FMIS that were made as a subsequent participant of the FMIS.

Excluded payments

The fund cannot claim a deduction at U for any of the following payments:

  • payments for borrowing money
  • interest and payments in the nature of interest (such as a premium on repayment or redemption of a security, or a discount of a bill or bond)
  • payments of stamp duty
  • payments of GST
  • payments that relate to the transportation and handling of felled trees after the earliest of the following:
    • sale of the trees
    • arrival of the trees at the mill door
    • arrival of the trees at the port, or
    • arrival of the trees at the place of processing (other than where processing happens in-field)
     
  • payments that relate to processing, and
  • payments that relate to stockpiling (other than in-field stockpiling).

Show at U the total amount of deductible payments made to an FMIS.

QC21714