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Withholding obligations for AMITs

Instructions and information for withholding obligations and completing the AMIT tax return.

Published 28 May 2025

Is the trust a Withholding MIT?

Answer Yes or No as appropriate.

A trust is a withholding MIT for an income year, if:

  • it is a MIT (subject to certain exceptions), or would be a MIT, in relation to the income year except for either
    • temporary circumstances outside of its control
    • the trustee of the trust does not make a fund payment in relation to the income year but meets the MIT requirements on the first and last day of the income year
  • a substantial proportion of the investment management activities are carried out in Australia throughout the income year for assets that are
    • situated in Australia at any time in the income year
    • taxable Australian property at any time in the income year
    • Australian stock exchange listed shares, units or interests.

An AMIT that only makes deemed payments to members can be a withholding MIT.

Deemed payments

An AMIT that is a withholding MIT may be treated as having made deemed payments to members for an income year. Where some or all of a deemed payment is either a fund payment or an AMIT DIR payment, the trustee of the AMIT may need to pay an amount to the Commissioner.

Total deemed AMIT DIR payments

Write the total amount of the deemed payments (for the income year) that are an AMIT DIR payment and in relation to which the trustee is required to pay an amount to the Commissioner under  section12A-215 of Schedule 1 to the TAA (as determined by paragraph 12A-215(2)(b)).

Don't include any part of a deemed payment for which the trustee is not required to pay an amount to the Commissioner.

If the trustee is not required to pay any amount to the Commissioner under section 12A-215 in respect of that part of the deemed payment that is an AMIT DIR payment, enter zero (0).

A deemed payment will not arise if the AMIT is not a 'withholding MIT' (section 12-383 of Schedule 1 to the TAA).

Total deemed fund payments

Write the total amount of the deemed payments for the income year that are a fund payment and for which the trustee is required to pay an amount to the Commissioner under section 12A-215 of Schedule 1 to the TAA (as determined by paragraph 12A-215(2)(a)).

Don't include any part of a deemed payment for which the trustee is not required to pay an amount to the Commissioner.

If the trustee is not required to pay any amount to the Commissioner under section 12A-215 in respect of that part of the deemed payment that is a fund payment, write zero (0).

A deemed payment will not arise if the AMIT is not a 'withholding MIT' (section 12-383 of Schedule 1 to the TAA).

Continue to: Debt-like trust instruments, Division 6C, related entity payments

Return to: Instructions to complete the AMIT tax return 2025

 

QC104483