12A‑215 AMIT payment to the Commissioner12A‑215 AMIT payment to the Commissioner in respect of deemed payments to offshore entities etc.

#### 12A‑215 AMIT payment to the Commissioner in respect of deemed payments to offshore entities etc. (1) A trustee of a trust that is an \*AMIT for an income year must pay an amount to the Commissioner if: (b) the trustee makes a payment (the deemed payment) that arises because of the operation of section 12A‑205; and (c) the payment is made to an entity (the recipient) that is: (i) if the payment is a \*fund payment and the trust is a \*withholding MIT in relation to the income year—an entity covered by section 12‑410; or (ii) if the payment is an \*AMIT DIR payment made in relation to the income year—an entity that is not an Australian resident. > Note 1: An entity may be covered by section 12‑410 if the entity has an address outside Australia or payment is authorised to be made to a place outside Australia. > Note 2: If the payment is made to a recipient not covered by subparagraph (c)(i) or (ii), the trustee is required to give a notice to the recipient or publish information on a website setting out certain details about the payment: see sections 12‑395 and 12A‑15. (2) The amount that the trustee must pay is equal to the amount that the trustee would, if the assumptions in subsection (3) were made, have had to withhold under: (a) if the deemed payment is a \*fund payment—section 12‑385; or (b) if the deemed payment is an \*AMIT DIR payment—section 12‑210, 12‑245 or 12‑280. (3) The assumptions are that: (a) the deemed payment had not arisen because of the operation of section 12A‑205; and (b) the deemed payment had instead been an actual payment; and (c) if the deemed payment is an \*AMIT DIR payment: (i) where it corresponds to the character of a dividend (as defined in Division 11A of Part III of the Income Tax Assessment Act 1936) that is subject to a requirement to withhold under Subdivision 12‑F—the trust had been a company, and it had paid it as a dividend; or (ii) where it corresponds to the character of interest (as defined in Division 11A of Part III of the Income Tax Assessment Act 1936) that is subject to a requirement to withhold under Subdivision 12‑F—it were the payment of interest; or (iii) where it corresponds to the character of a \*royalty that is subject to a requirement to withhold under Subdivision 12‑F—it were the payment of a royalty; and (d) if the deemed payment is an AMIT DIR payment—the condition in either or both of paragraphs 12‑210(a) or (b), of paragraphs 12‑245(a) or (b) or of paragraphs 12‑280(a) or (b) (as the case requires) were satisfied. (4) The trustee may recover from the recipient as a debt an amount that the trustee has paid to the Commissioner under subsection (1). (5) The trustee is entitled to set off an amount that the trustee can recover from the recipient under subsection (4) against debts due by the trustee to the recipient.