65 Statement of distribution

The distribution statement must show only Australian source income or loss, as shown at item 20 on the partnership tax return.

If the following persons or entities are partners and the partnership claimed a deduction in respect of LIC capital gain amount, the partnership must advise these partners of their share of the deduction claimed:

• non-resident individual
• trustee of a trust
• trustee of a superannuation entity
• company (including a life insurance company)
• partnership.

Show the distribution of the net Australian income or loss on each partner's own tax return at the following:

Individual

• item 13 Partnerships and trusts (this item is in the supplementary section of the Tax return for individuals 2010).

Company

• item 6 Calculation of total profit or loss.

Trust

• item 8 Partnerships and trusts, except for distributions of income subject to foreign resident withholding, which are shown at item 5 Business income and expenses.

Do not show capital gains, attributed foreign income, foreign source income or foreign tax credits on the distribution statement. Record and distribute these separately, keeping details for your records.

Include this income or credit on each partner's own tax return at the following:

• for an individual tax return
• • item 18 Capital gains
  • item 19 Foreign entities
  • item 20 Foreign source income and foreign assets or property
  • O item 20 Foreign income tax offset
   
• for a company tax return
• • item 7 Reconciliation to taxable income or loss
  • Calculation statement, D Foreign income tax offsets
   
• for a trust tax return
• • item 21 Capital gains
  • item 22 Attributed foreign income
  • item 23 Other assessable foreign source income.
   

If the number of partners exceeds four

If you are completing a tax return on paper, and the total number of partners is more than four, photocopy page 11 of the tax return before filling it, one copy for each additional partner. Complete the copies showing the details of each additional partner. Attach these to the tax return and print X in the Yes box at Have you attached any 'other attachments'? at the top of page 1 of the tax return.

Completing the statement of distribution

For each partner's individual statement of distribution show:

• individual name or non-individual name
• postal address and
• tax file number

Show the full name and TFN of each partner. If the TFN is not shown, show the partner's address for the service of notices. If the partner is a trustee show the name and TFN of the trust.

AShare of income, Primary production and BShare of income, Non-primary production

Show each partner's share of income in whole dollars only, separated into primary production income and non-primary production income. If a loss is distributed print L after the amount.

CCredit for tax withheld where ABN not quoted

Show each partner's share of credit for amounts withheld where an ABN was not quoted. Show whole dollars only. The aggregate of each amount shown at C for each completed distribution statement equals the sum of any credit claimed at:

• T item 6 Tax withheld where ABN not quoted
• C item 8 Share of credit for tax withheldwhere ABN not quoted.

DFranking credit

Show each partner's share of franking credits for franked dividends. The aggregate of each amount shown at D for each completed distribution statement must equal the sum of franking credits claimed at:

• D item 8 Share of franking credit from franked dividends
• M item 12 Franking credit.

ETFN amounts withheld

Show each partner's share of credit for amounts withheld from payments of interest, dividends and unit trust distributions by investment bodies because the recipient did not quote a TFN. The aggregate of each amount shown at E for each completed distribution statement must equal the sum of TFN amounts withheld on interest, dividends and unit trust distribution at:

• E item 8 Share of credit for TFN amounts withheld from interest, dividends and unit trust distributions
• I item 11 TFN amounts withheld from gross interest
• N item 12 TFN amounts withheld from dividends.

FCredit for tax withheld- foreign resident withholding

Show each partner's share of credit for amounts withheld under foreign resident withholding. Show whole dollars only. The aggregate of each amount shown at F for each completed distribution statement must equal the total amount of credit shown on the tax return at U item 6 and U item 8.

GAustralian franking credits from a New Zealand company

Show each partner's share of Australian franking credits that were attached to franked dividends received from a New Zealand company either directly or indirectly through another partnership or trust.

This amount is not necessarily the total amount that each partner can claim. This is because under section 220-405 of the ITAA 1997, each partner's share of franking credits should be reduced by the amount of any share of supplementary dividend paid by the New Zealand company if:

• the supplementary dividend was paid in connection with the franked dividend, and
• the partner is entitled to a foreign income tax offset because the franked dividend is included in their assessable income. For more information, see appendix 1.

If the above conditions exist, the reduction should be made on the partner's own tax return.

HShare of net small business entity income

Show each partner's share of net small business entity income. Show whole dollars only. The aggregate of each amount shown at H for each completed distribution statement must equal the amount shown on the tax return at E item 59.

IShare of National rental affordability scheme tax offset

Show each partner's share of the NRAS tax offset. The aggregate of each amount shown at I for each completed distribution statement must equal the amount of NRAS tax offset entitlement shown at F item 62 on the partnership tax return. Include cents.

JShare of net financial investment income or loss

Show each partner's share of net financial investment income or loss. Show whole dollars only. The aggregate of each amount shown at J for each completed distribution statement must equal the amount shown at G item 64.

KShare of net rental property income or loss

Show each partner's share of net rental property income or loss. Show whole dollars only. The aggregate of each amount shown at K for each completed distribution statement must equal the amount shown at H item 64.

Real and effective control of share in partnership income

If a partner aged 18 years or more on the last day of the partnership's income year does not have real and effective control and disposal of part or the whole of their share of partnership net income, the partner pays further tax. See section 94 of the ITAA 1936.

Real control depends on the constitution and control of the partnership and the conduct of its operations. Broadly, there is a lack of real control if the partner must allow any part of their share of income to be dealt with in a particular way so that the partner cannot, on their own, deal with it in another way.

If you are completing a tax return on paper, and there is more than one partner without real or effective control over their part of the partnership income, then on a separate sheet of paper titled 'Additional partners without real or effective control' list the full title and names of the additional partners. Sign the sheet, attach it to the tax return and print X in the Yes box at Have you attached any 'other attachments'? at the top of page 1 of the tax return.

Under special circumstances the Commissioner may treat a partner as having real control of a share or part of a share of partnership income. If you want a partner to be treated as having real control of a share or part of a share of partnership income, provide full details on a separate sheet of paper in support of your request. Attach it to the tax return and print X in the Yes box at Have you attached any 'other attachments'? at the top of page 1 of the tax return.