ATO Interpretative Decision
ATO ID 2002/748 (Withdrawn)
Superannuation
Superannuation Fund - liability for Family Trust Distribution Tax on a distribution outside the family group.FOI status: may be released
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This ATO ID is withdrawn as it is a straight application of the law and does not contain an interpretative decision.This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
If the trustee of the Superannuation Fund makes an interposed entity election and distributes income or capital to a person outside the family group, will the trustee of the Superannuation Fund be liable for Family Trust Distribution Tax under Division 271 of Schedule 2F to the Income Tax Assessment Act 1936 (ITAA 1936)?
Decision
Yes, the trustee of the Superannuation Fund will be liable for Family Trust Distribution Tax under Division 271 of Schedule 2F to the ITAA 1936, where there is an interposed entity election and a distribution is made outside the family group.
Facts
The Superannuation Fund is a complying superannuation fund with only two members, husband and wife.
The Superannuation Fund has made an interposed entity election to be included in the family group of the husband.
Reasons for Decision
Section 271-20 of Schedule 2F to the ITAA 1936 states that there is a liability to tax, Family Trust Distribution Tax, where:
- (a)
- The trustee of a trust has made an interposed entity election to be included in a family group of the individual specified in the family trust election (section 272-85 of Schedule 2F to the ITAA 1936); and
- (b)
- at any time while that election is in force the trust confers a present entitlement to, or distributes, income or capital of the trust other than to the individual specified in the family trust election or a member of the individual's family group. (Section 272-90 of Schedule 2F to the ITAA 1936 defines 'family group')
If the trustee of the Superannuation Fund makes an interposed entity election and then makes a distribution outside the family group, the trustee will be liable for Family Trust Distribution Tax on that distribution in accordance with section 271-20 of Schedule 2F to the ITAA 1936.
Date of decision: 3 May 2002Year of income: Year ending 30 June 2002
Legislative References:
Income Tax Assessment Act 1936
Schedule 2F, Division 271
Schedule 2F, section 271-20
Schedule 2F, section 272-85
Schedule 2F, section 272-90
Keywords
Superannuation funds
Interposed entity election
Family trust distribution tax
Imputation credits
ISSN: 1445-2782
| Date: | Version: | |
| 3 May 2002 | Original statement | |
| You are here | 15 January 2010 | Archived |