• Section J: Other information

    Has the SMSF made or is it making:

    • a family trust election (FTE) or
    • an interposed entity election (IEE)?

    No

    Leave Section J blank. Go to Section K.

    Yes

    Read on.

    For more information, see

    Family trust election (FTE) status

    A Year of family trust election

    Have the trustees of the SMSF made, or are they making, an FTE?

    No

    Go to B.

    Yes

    Read on.

    Complete A if the trustees of the SMSF:

    • are making an FTE specifying the 2004–05 or later income year (see section 272-80 of Schedule 2F to the ITAA 1936), or
    • have previously made an FTE specifying an income year from 1994–95 to 2013–14 and that election has not been revoked in an income year before 2015–16 (see section 272-80 of Schedule 2F to the ITAA 1936 and, if applicable, item 22This link opens in a new window or 22A of Schedule 1 to the Taxation Laws Amendment (Trust Loss and Other Deductions) Act 1998).

    If the trustees of the SMSF have made, or are making, an FTE, write at A the income year from which that election takes effect. For example, if making an FTE to apply to and from 2015–16, write ‘2016’.

    Provided certain conditions are met, a trustee can make an FTE to take effect from 2015–16 or to take effect from a prior income year, although that prior income year cannot be earlier than 2004–05. Trustees may, however, have previously made an FTE that took effect prior to 2004–05.

    If the trustees are making an FTE, complete a Family trust election, revocation or variation 2016 form. Attach the completed form to the annual return.

    B Revoking or varying an FTE

    Are the trustees of the SMSF revoking or varying an FTE?

    No

    Go to C.

    Yes

    Read on.

    Complete B if the trustees of the SMSF:

    • are revoking in 2014–15 a previously made FTE (see subsections 272-80(6) to (8) of Schedule 2F to the ITAA 1936), or
    • are varying the specified individual of a previously made FTE (see subsections 272-80 (5A) to (5D) and (6B) to (8) of Schedule 2F to the ITAA 1936).

    Print at B the appropriate letter from table 13.

    Table 13 – FTE revocation or variation codes

    Code letter

    Meaning

    R

    The FTE made by the trustee of the SMSF is being revoked in 2015–16.

    V

    The specified individual of an FTE is being varied from a time in 2015–16.

    In certain limited circumstances an SMSF may revoke the FTE, or vary the FTE, so that a different individual is specified as the individual whose family group is taken into account for the election.

    A trustee cannot vary the specified individual or revoke an FTE unless the variation or revocation is in respect of an income year that occurs during the period:

    • starting at the beginning of the income year specified in the election and finishing at the end of the fourth income year after the income year specified in the election, or
    • starting on 1 July 2007 and finishing on 30 June 2009.

    The trustee may only vary the specified individual of an FTE once, except where doing so under subsection 272-80(5C) of Schedule 2F to the ITAA 1936 for a relevant family law order, agreement or award.

    The trustee must make the variation or revocation of an election with the annual return for the income year from which the variation or revocation is to take effect.

    Accordingly when revoking a FTE or varying the specified individual of an FTE in 2015–16, you must attach a Family trust election, revocation or variation 2016 to the SMSF’s annual return.

    If you do not lodge the annual return electronically using ELS, and you are lodging a Family trust election, revocation or variation 2016 with the annual return, send the annual return and the attachments to:

    Australian Taxation Office
    GPO Box 9845
    IN YOUR CAPITAL CITY

    Interposed entity election status

    C Year of interposed entity election

    Have the trustees of the SMSF made, or are they making, an IEE?

    No

    Go to D.

    Yes

    Read on.

    Complete C if the trustees of the SMSF:

    • are making one or more interposed entity elections (IEEs) specifying a day in the 2004–05 or a later income year (see section 272-85 of Schedule 2F to the ITAA 1936), or
    • have previously made one or more IEEs specifying a day in any income year from 1994–95 to 2013–14 and at least one election has not been revoked in an income year before 2015–16 (see section 272-85 of Schedule 2F to the ITAA 1936 and, if applicable, item 23External Link or 23A of Schedule 1 to the Taxation Laws Amendment (Trust Loss and Other Deductions) Act 1998).

    If the trustees are making one or more IEEs specifying a day in the 2004–05 or later income year:

    • write at C the earliest income year specified, and
    • complete an Interposed entity election or revocation 2016 for each IEE. Attach the completed forms to the annual return.

    If the trustees are not making an IEE but have previously made one or more IEEs specifying a day in an income year before 2015–16, write the earliest income year specified at C.

    Provided certain conditions are met, a trustee can make an IEE:

    • to take effect after a specified day in 2015–16, or
    • to take effect after a specified day in a prior income year not earlier than 2004–05.

    Do not attach an election form to the annual return specifying an income year before 2004–05. However, trustees may have previously made one or more IEEs that took effect after a specified day in an income year prior to 2004–05.

    D Revoking an IEE

    Are the trustees of the SMSF revoking an IEE?

    No

    Go to Section K.

    Yes

    Read on.

    Print R at D if the trustees of the SMSF are revoking, from 2015–16, one or more previously made IEEs.

    An IEE can be revoked in certain limited circumstances (see subsections 272-85(5A) to (6) of Schedule 2F to the ITAA 1936).

    A trustee cannot revoke an IEE unless the revocation is in respect of an income year that occurs during the period:

    • beginning on 1 July 2007 and finishing on 30 June 2009

    or

    • beginning at the later of        
      • the start of the income year specified in the election, or
      • the start of the income year in which the entity became a member of the family group, and
       
    • finishing at the end of the fourth income year after the income year referred to in the above two points.

    You must make the revocation with the annual return for the income year from which the revocation is to take effect. Accordingly, you must attach an Interposed entity election or revocation 2016 to the SMSF’s annual return.

    If you are not lodging the annual return electronically using ELS and you are lodging an Interposed entity election or revocation 2016 form with the annual return, send the annual return and the attachments to:

    Australian Taxation Office
    GPO Box 9845
    IN YOUR CAPITAL CITY

    Example: Making new elections – specifying the current year

    The trustee has not previously made an FTE or an IEE but wants to make:

    • an FTE specifying 2015–16, and
    • an IEE specifying a day in 2015–16.

    The trustee:

    • writes 2016 at A
    • writes 2016 at C
    • completes a Family trust election, revocation or variation 2016 form specifying 2015–16, to provide details of the FTE the trustee of the SMSF is making
    • completes an Interposed entity election or revocation 2016 form specifying a day in 2015–16, to provide details of the IEE the trustee of the SMSF is making
    • attaches the completed forms to the annual return.
    End of example

     

    Example: Making new elections – specifying an earlier year

    The trustee has not previously made an FTE or an IEE but wants to make:

    • an FTE specifying 2004–05, and
    • an IEE specifying a day in 2004–05.

    The trustee:

    • writes 2005 at A
    • writes 2005 at C
    • completes a Family trust election, revocation or variation 2016 form, specifying 2004–05, to provide details of the FTE the trustee of the SMSF is making
    • completes an Interposed entity election or revocation 2016 form, specifying a day in 2004–05, to provide details of the IEE the trustee of the SMSF is making
    • attaches the completed forms to the annual return.
    End of example

     

    Example: An SMSF with existing elections

    The trustee has previously made:

    • an FTE specifying 1994–95, and
    • an IEE specifying a day in 1994–95.

    The trustee:

    • writes 1995 at A
    • writes 1995 at C.

    The trustee does not need to complete

    • a Family trust election, revocation or variation 2016
    • an Interposed entity election or revocation 2016.
    End of example
    Last modified: 12 Aug 2016QC 48236