An Association of Persons (AOP) or Body of Individuals (BOI) can be taxed as a separate assessable entity. The applicable rate and the treatment of members' shares depend on whether those shares are determined and on the members' individual income position.
When member shares are indeterminate
Where the members' shares are unknown or cannot be determined, Section 167B generally provides for assessment at the maximum marginal rate. Clear governing documents and properly recorded sharing arrangements are therefore important from the outset.
When member shares are determinate
Where the shares are known, the rate of assessment can depend on whether any member has income, excluding their AOP or BOI share, above the basic exemption threshold. If no member crosses that threshold, normal individual-style slab rates may be relevant, subject to the law applicable for the relevant year.
What members should consider
The tax paid by the AOP or BOI affects how a member's share is handled in the member's own return under Section 86. The entity and its members should review the agreement, income details and return positions together before filing.