New Business Tax System (Consolidation and Other Measures) Act 2003 (Cth)
This compilation was prepared on 18 August 2010
taking into account amendments up to Act No. 75 of 2010
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
New Business Tax System (Consolidation and Other Measures) Act 2003 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Sections 1 to 4 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 11 April 2003 |
Schedule 1, items 1 to 27 | Immediately after the commencement of Schedule 1 to the | 24 October 2002 |
Schedule 1, item 27A | Immediately after the commencement of the provisions covered by table item 1A | 24 October 2002 |
Schedule 1, items 28 to 36 | Immediately after the commencement of Schedule 1 to the | 24 October 2002 |
Schedules 2 and 3 | Immediately after the commencement of Schedule 1 to the | 24 October 2002 |
Schedule 4 | Immediately after the commencement of Schedule 21 to this Act | 24 October 2002 |
Schedules 5 to 8 | Immediately after the commencement of Schedule 1 to the | 24 October 2002 |
Schedule 9 | Immediately after the commencement of Schedule 8 to this Act | 24 October 2002 |
Schedule 10 | Immediately after the commencement of Schedule 9 to this Act | 24 October 2002 |
Schedules 11 to 13 | Immediately after the commencement of Schedule 1 to the | 24 October 2002 |
Schedule 14, item 1 | Immediately after the commencement of Schedule 5 to this Act | 24 October 2002 |
Schedule 14, items 2 to 12 | Immediately after the commencement of Schedule 1 to the | 24 October 2002 |
Schedules 15 to 18 | Immediately after the commencement of Schedule 1 to the | 24 October 2002 |
Schedule 19, items 1 to 6 | Immediately after the commencement of Schedule 1 to the | 24 October 2002 |
Schedule 19, item 7 | Immediately after the time specified in the | 24 October 2002 |
Schedules 20 to 23 | Immediately after the commencement of Schedule 1 to the | 24 October 2002 |
Schedule 24 | Immediately after the commencement of Schedule 6 to this Act | 24 October 2002 |
Schedules 25 to 27 | Immediately after the commencement of Schedule 13 to the | 29 June 2002 |
Schedule 28, item 1 | Immediately after the commencement of the | 29 June 2002 |
Schedule 28, items 2 to 18 | Immediately after the commencement of Schedule 27 to this Act | 29 June 2002 |
Schedule 28, subitem 19(1) | Immediately after the commencement of the | 29 June 2002 |
Schedule 28, subitems 19(2) and (3) | Immediately after the commencement of Schedule 27 to this Act | 29 June 2002 |
Schedule 29, items 1 to 11 | Immediately after the commencement of item 13 of Schedule 29 to this Act | 29 June 2002 |
Schedule 29, items 12 and 13 | Immediately after the commencement of Schedule 27 to this Act | 29 June 2002 |
Schedule 29, item 14 | Immediately after the commencement of item 13 of Schedule 29 to this Act | 29 June 2002 |
Schedule 30 | Immediately after the commencement of Schedule 13 to the | 29 June 2002 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Repeal the section, substitute:
Object
(1) The object of this section is to ensure that, in working out the group’s *allocable cost amount for entities that become *subsidiary members of the group at the formation time, the reduction under step 4 in the table in section 705‑60 (about pre‑formation time distributions out of certain profits) is made only for profits that have been effectively distributed to the *head company in respect of its direct *membership interests in the entities. This ensures consistency with the ordering rule in section 705‑145.
When section applies
(2) This section applies to a distribution (the
subject distribution ) to the extent that the following conditions are satisfied:
(a) the distribution is made by an entity (the
subject entity ) that becomes a *subsidiary member of the group at the formation time;(b) in working out the group’s *allocable cost amount for the subject entity there would, apart from this section, be a reduction under step 4 in the table in section 705‑60 for the distribution.
Step 4 reduction only if subject distribution is made to head company etc.
(3) There is no reduction as mentioned in paragraph (2)(b) for the subject distribution unless:
(a) the subject distribution is made to the *head company of the group; or
(b) the reduction is in accordance with subsection (5).
Step 4 reduction for effective distribution to head company
(4) If:
(a) at the formation time, the *head company of the group has a direct *membership interest in the subject entity; and
(b) the head company acquired the membership interest directly from another entity, or indirectly as a result of one or more acquisitions from other entities, where:
(i) section 160ZZ0 of the
Income Tax Assessment Act 1936 applied to each acquisition; or(ii) there was a roll‑over under Subdivision 126‑B for each acquisition;
or a combination of these happened; and
(c) while it held the membership interest, the entity, or one of the entities, mentioned in paragraph (b) (the
recipient of the further distribution ) received a distribution (thefurther distribution ) of some of the subject distribution from the subject entity;the consequences in subsections (5) and (6) apply.
Reduction for further distribution that remains with recipient
(5) If:
(a) the following happen:
(i) by the formation time, any of the further distribution (the
eligible reduction amount ) had not again been distributed by the recipient of the further distribution;(ii) the recipient of the further distribution does not become a *subsidiary member of the group at the formation time; or
(b) the following happen:
(i) by the formation time, any of the further distribution (the
eligible reduction amount ) had been distributed by the recipient of the further distribution to another entity directly, or indirectly though successive distributions by interposed entities;(ii) that other entity does not become a subsidiary member of the group at the formation time; or
(c) both of the above paragraphs apply;
then, in working out the group’s *allocable cost amount for the subject entity, the reduction under step 4 in the table in section 705‑60 for the subject distribution only takes place to the extent that it equals the sum of all eligible reduction amounts.
Step 1 reduced cost base adjustment to reverse effect of reduction for further distribution
(6) Also, if subsection 160ZK(5) of the
Income Tax Assessment Act 1936 or subsection 110‑55(7) of this Act applied to the further distribution, then for the purposes of step 1 in the table in section 705‑60 in working out the group’s *allocable cost amount for the subject entity:
(a) the reference in subsection 705‑65(3) to a reduction resulting from the application of subsection 160ZK(5) of the
Income Tax Assessment Act 1936 ; and(b) the reference in subsection 705‑65(5) to a reduction that has taken place under subsection 110‑55(7);
include a reference to the reduction in the *reduced cost base of the membership interest in the subject entity resulting from the application of subsection 160ZK(5) of the
Income Tax Assessment Act 1936 , or subsection 110‑55(7) of this Act, to the further distribution.
Repeal the section, substitute:
Object
(1) The object of this section is to ensure that, in working out the group’s *allocable cost amount for the linked entities, the reduction under step 4 in the table in section 705‑60 (about pre‑formation time distributions out of certain profits) is made only for profits that have been effectively distributed to the *head company in respect of its direct *membership interests in the entities. This ensures consistency with the ordering rule in section 705‑225.
When section applies
(2) This section applies to a distribution to the extent that the following conditions are satisfied:
(a) the distribution is made by a linked entity;
(b) in working out the group’s *allocable cost amount for the linked entity there would, apart from this section, be a reduction under step 4 in the table in section 705‑60 for the distribution.
Step 4 reduction only if subject distribution is made to head company
(3) There is no reduction as mentioned in subsection (2) for the distribution unless it is made to the *head company of the group.
3
Section 705‑60 (table item 3, column headed “What the step requires”) Omit “frankable”, substitute “taxed”.
Repeal the subsection, substitute:
Extent to which tax paid on undistributed profits
(3) Then work out how much of the undistributed profits does not exceed the amount worked out using the following formula as at the joining time:
Repeal the heading, substitute:
Omit “, if they had been distributed as dividends at the joining time, could have been so franked”, substitute “satisfy the requirements of subsection (3)”.
Omit “
unfrankable ”, substitute “untaxed ”.Note: The heading to section 701‑30 is altered by omitting “
unfrankable ” and substituting “untaxed ”.
Omit “unfrankable”, substitute “untaxed”.
Repeal the section, substitute:
Object
(1) The object of this section is to prevent a distortion under section 705‑35 in the allocation of *allocable cost amount to an entity that becomes a *subsidiary member of the group where that entity has direct or indirect *membership interests in another entity that has certain profits or tax losses when it becomes a subsidiary member.
Adjustment to allocation of allocable cost amount where direct interest in entity with profits/losses
(2) If:
(a) an entity becomes a *subsidiary member of the group at the formation time; and
(b) the entity has *membership interests in a second entity that becomes a subsidiary member of the group at that time; and
(c) in working out the group’s *allocable cost amount for the second entity:
(i) an amount is required to be added (the
second entity’s profit/loss adjustment amount ) under step 3 in the table in section 705‑60 (about profits accruing before becoming a subsidiary member of the group); or(ii) an amount is required to be subtracted (also the
second entity’s profit/loss adjustment amount ) under step 5 in the table in section 705‑60 (about losses accruing before becoming a subsidiary member of the group);then, for the purposes of working out under section 705‑35 the *tax cost setting amount for the assets of the first entity, the *market value of the first entity’s membership interests in the second entity is reduced (in a subparagraph (c)(i) case) or increased (in a subparagraph (c)(ii) case) by the first entity’s interest in the second entity’s profit/loss adjustment amount (see subsection (3)).
First entity’s interest in second entity’s profit/loss adjustment amount
(3) The first entity’s interest in the second entity’s profit/loss adjustment amount is worked out using the formula:
Adjustment to allocation of allocable cost amount for indirect interest in entity with profits/losses
(4) If:
(a) an entity becomes a *subsidiary member of the group at the formation time; and
(b) the entity has *membership interests in a second entity that becomes a subsidiary member of the group at that time; and
(c) the second entity has, directly or indirectly through one or more interposed entities that become subsidiary members of the group at the formation time, membership interests in a third entity that becomes a subsidiary member of the group at that time; and
(d) in working out the group’s *allocable cost amount for the third entity:
(i) an amount is required to be added (the
third entity’s profit/loss adjustment amount ) under step 3 in the table in section 705‑60 (about profits accruing before becoming a subsidiary member of the group); or(ii) an amount is required to be subtracted (also the
third entity’s profit/loss adjustment amount ) under step 5 in the table in section 705‑60 (about losses accruing before becoming a subsidiary member of the group);then, for the purposes of working out under section 705‑35 the *tax cost setting amount for the assets of the first entity, the *market value of the first entity’s membership interests in the second entity is reduced (in a subparagraph (d)(i) case) or increased (in a subparagraph (d)(ii) case) by the first entity’s interest in the third entity’s profit/loss adjustment amount (see subsection (5)).
First entity’s interest in third entity’s profit/loss adjustment amount
(5) The first entity’s interest in the third entity’s profit/loss adjustment amount is worked out using the formula:
where:
market value of first entity’s membership interests in third entity held through second entity means the *market value of all *membership interests in the third entity that the first entity holds indirectly through the second entity (including through that entity and one or more other entities that become *subsidiary members of the group and are interposed between the second entity and the third entity).
Repeal the section, substitute:
Object
(1) The object of this section is to prevent a distortion under section 705‑35 in the allocation of *allocable cost amount to a linked entity where that entity has direct or indirect *membership interests in another linked entity that has certain profits or tax losses.
Adjustment to allocation of allocable cost amount where direct interest in linked entity with profits/losses
(2) If:
(a) a linked entity has *membership interests in a second linked entity; and
(b) in working out the group’s *allocable cost amount for the second linked entity:
(i) an amount is required to be added (the
second linked entity’s profit/loss adjustment amount ) under step 3 in the table in section 705‑60 (about profits accruing before becoming a subsidiary member of the group); or(ii) an amount is required to be subtracted (also the
second linked entity’s profit/loss adjustment amount ) under step 5 in the table in section 705‑60 (about losses accruing before becoming a subsidiary member of the group);then, for the purposes of working out under section 705‑35 the *tax cost setting amount for the assets of the first linked entity, the *market value of the first linked entity’s membership interests in the second linked entity is reduced (in a subparagraph (b)(i) case) or increased (in a subparagraph (b)(ii) case) by the first linked entity’s interest in the second linked entity’s profit/loss adjustment amount (see subsection (3)).
First linked entity’s interest in second linked entity’s profit/loss adjustment amount
(3) The first linked entity’s interest in the second linked entity’s profit/loss adjustment amount is worked out using the formula:
Adjustment to allocation of allocable cost amount for indirect interest in linked entity with profits/losses
(4) If:
(a) a linked entity has *membership interests in a second linked entity; and
(b) the second linked entity has, directly or indirectly through one or more interposed linked entities, membership interests in a third linked entity; and
(c) in working out the group’s *allocable cost amount for the third linked entity:
(i) an amount is required to be added (the
third linked entity’s profit/loss adjustment amount ) under step 3 in the table in section 705‑60 (about profits accruing before becoming a subsidiary member of the group); or(ii) an amount is required to be subtracted (also the
third linked entity’s profit/loss adjustment amount ) under step 5 in the table in section 705‑60 (about losses accruing before becoming a subsidiary member of the group);then, for the purposes of working out under section 705‑35 the *tax cost setting amount for the assets of the first linked entity, the *market value of the first linked entity’s membership interests in the second linked entity is reduced (in a subparagraph (c)(i) case) or increased (in a subparagraph (c)(ii) case) by the first linked entity’s interest in the third linked entity’s profit/loss adjustment amount (see subsection (5)).
First linked entity’s interest in third linked entity’s profit/loss adjustment amount
(5) The first linked entity’s interest in the third linked entity’s profit/loss adjustment amount is worked out using the formula:
where:
market value of first linked entity’s membership interests in third linked entity held through second linked entity means the *market value of all *membership interests in the third linked entity that the first linked entity holds indirectly through the second linked entity (including through that entity and one or more other linked entities that are interposed between the second linked entity and the third linked entity).
Insert:
3A | For each step 3A amount (if any) under section 705‑93 (which is about pre‑joining time intra‑group roll‑overs from foreign resident companies):
| To adjust for certain intra‑group roll‑overs from foreign companies before the joining time |
12
Section 705‑60 (table item 4, column headed “What the step requires”) Omit “step 3”, substitute “step 3A”.
Add:
Note: The head company may be taken to have made a capital gain, depending on the amount remaining after applying step 3A: see CGT event L2.
Insert:
When there is a step 3A amount
(1) For the purposes of step 3A in the table in section 705‑60, there is a step 3A amount if:
(a) before the joining time:
(i) there was a roll‑over under Subdivision 126‑B (a
Subdivision 126‑B roll‑over ) in relation to a *CGT event that happened in relation to an asset (theroll‑over asset ); or(ii) section 160ZZO of the
Income Tax Assessment Act 1936 applied in relation to a disposal (asection 160ZZO roll‑over ) of an asset (also theroll‑over asset ); and(b) the originating company in relation to the Subdivision 126‑B roll‑over, or the transferor in relation to the section 160ZZO roll‑over, was a foreign resident; and
(c) the recipient company in relation to the Subdivision 126‑B roll‑over, or the transferee in relation to the section 160ZZO roll‑over, was an Australian resident and was not the entity that became the *head company of the joined group; and
(d) between the Subdivision 126‑B roll‑over, or the section 160ZZO roll‑over, and the joining time, no other CGT event happened in relation to the roll‑over asset for which there was not a Subdivision 126‑B roll‑over or a section 160ZZO roll‑over; and
(e) the roll‑over asset is not a *pre‑CGT asset at the joining time; and
(f) the roll‑over asset becomes that of the head company of the joined group because subsection 701‑1(1) (the single entity rule) applies when the joining entity becomes a *subsidiary member of the group.
What the step 3A amount is
(2) The step 3A amount is:
(a) if, as a result of the Subdivision 126‑B roll‑over mentioned in subparagraph (1)(a)(i), or the section 160ZZO roll‑over mentioned in subparagraph (1)(a)(ii), a *capital loss of the originating company was disregarded or a capital loss of the transferor was not incurred—an increase amount equal to the capital loss; or
(b) if, as a result of the Subdivision 126‑B roll‑over mentioned in subparagraph (1)(a)(i), or the section 160ZZO roll‑over mentioned in subparagraph (1)(a)(ii), a *capital gain of the originating company was disregarded or a capital gain of the transferor did not accrue—a reduction amount equal to the capital gain.
Insert:
Object
(1) The object of this section is to modify the effect that section 705‑93 (step 3A of allocable cost amount) has in accordance with this Subdivision so that it takes account of *membership interests that entities that become *subsidiary members hold in other such entities.
Apportionment of step 3A amount among first level interposed entities
(2) If:
(a) under section 705‑93, in its application in accordance with this Subdivision, there is a step 3A amount for the purpose of working out the group’s *allocable cost amount for an entity (the
subject entity ) that becomes a *subsidiary member of the group at the formation time; and(b) at that time one or more entities (the
first level entities ), that become subsidiary members of the group and in which the *head company holds *membership interests, are interposed between the head company and the subject entity;then the step 3A amount is apportioned among the first level entities and the subject entity on the following basis:
(c) each first level entity has the following proportion of the step 3A amount:
where:
market value of all membership interests in subject entity means the *market value, at the formation time, of all *membership interests in the subject entity that are held by entities that become *members of the group at that time.
market value of first level entity’s direct and indirect membership interests in subject entity means so much of the market value of all membership interests in the subject entity (as defined above) as is attributable to *membership interests that the first level entity holds directly, or indirectly through other interposed entities that become *subsidiary members of the group at the formation time; and
(d) the subject entity has the remainder of the step 3A amount.
Step 3A amount for assets consisting of membership interests held by subsidiary members in other subsidiary members
(3) If:
(a) before the formation time:
(i) there was a roll‑over under Subdivision 126‑B (a
Subdivision 126‑B roll‑over ) in relation to a *CGT event that happened in relation to an asset (theroll‑over asset ); or(ii) section 160ZZO of the
Income Tax Assessment Act 1936 applied in relation to a disposal (asection 160ZZO roll‑over ) of an asset (also theroll‑over asset ); and(b) the originating company in relation to the Subdivision 126‑B roll‑over, or the transferor in relation to the section 160ZZO roll‑over, was a foreign resident; and
(c) the recipient company in relation to the Subdivision 126‑B roll‑over, or the transferee in relation to the section 160ZZO roll‑over, was an Australian resident and was not the entity that became the *head company of the group; and
(d) between the Subdivision 126‑B roll‑over, or the section 160ZZO roll‑over, and the formation time, no other CGT event happened in relation to the roll‑over asset for which there was not a Subdivision 126‑B roll‑over or a section 160ZZO roll‑over; and
(e) the roll‑over asset is a *membership interest in an entity that becomes a *subsidiary member at the formation time, other than one that is held at that time by the entity that becomes the head company of the group;
then, subject to subsection (5), there is under section 705‑93 a step 3A amount for the purpose of working out the group’s *allocable cost amount for the entity (the
subject entity ) that holds the roll‑over asset at the formation time.
What the step 3A amount is
(4) The step 3A amount is:
(a) if, as a result of the Subdivision 126‑B roll‑over mentioned in subparagraph (3)(a)(i), or the section 160ZZO roll‑over mentioned in subparagraph (3)(a)(ii), a *capital loss of the originating company was disregarded or a capital loss of the transferor was not incurred—an increase amount equal to the capital loss; or
(b) if, as a result of the Subdivision 126‑B roll‑over mentioned in subparagraph (3)(a)(i), or the section 160ZZO roll‑over mentioned in subparagraph (3)(a)(ii), a *capital gain of the originating company was disregarded or a capital gain of the transferor did not accrue—a reduction amount equal to the capital gain.
Apportionment of step 3A amount among first level interposed entities
(5) If at the formation time one or more entities, that become *subsidiary members of the group and in which the *head company holds *membership interests, are interposed between the head company and the subject entity, then the step 3A amount is apportioned among those entities and the subject entity in the same way as a step 3A amount is apportioned under subsection (2).
Repeal the heading, substitute:
Repeal the heading, substitute:
Adjustment to result of step 3A in allocable cost amount for head company roll‑over recipient
Omit “step 3”, substitute “step 3A”.
Repeal the heading, substitute:
Adjustment to result of step 3A in allocable cost amount for interposed entity
Omit “step 3”, substitute “step 3A”.
Repeal the note, substitute:
Note: If, after applying this section, the amount remaining as a result of step 3A in the table in section 705‑60 is negative, the head company makes a capital gain equal to that amount: see CGT event L2.
Insert:
Object
(1) The object of this section is to modify the effect that section 705‑93 (step 3A of allocable cost amount) has in accordance with this Subdivision so that it takes account of *membership interests that linked entities hold in other linked entities at the time (the
linked entity joining time ) when the linked entities become *subsidiary members of the group.
Apportionment of step 3A amount among first level interposed entities
(2) If:
(a) under section 705‑93, in its application in accordance with this Subdivision, there is a step 3A amount for the purpose of working out the group’s *allocable cost amount for a particular linked entity (the
subject entity ); and(b) at the linked entity joining time, one or more of the linked entities (the
first level entities ) in which the *head company holds *membership interests are interposed between the head company and the subject entity;then the step 3A amount is apportioned among the first level entities and the subject entity on the following basis:
(c) each first level entity has the following proportion of the step 3A amount:
where:
market value of all membership interests in subject entity means the *market value, at the linked entity joining time, of all *membership interests in the subject entity that are held by entities that become *members of the group at that time.
market value of first level entity’s direct and indirect membership interests in subject entity means so much of the market value of all membership interests in the subject entity (as defined above) as is attributable to *membership interests that the first level entity holds directly, or indirectly through other linked entities; and
(d) the subject entity has the remainder of the step 3A amount.
Step 3A amount for assets consisting of membership interests held by linked entities in other linked entities
(3) If:
(a) before the linked entity joining time:
(i) there was a roll‑over under Subdivision 126‑B (a
Subdivision 126‑B roll‑over ) in relation to a *CGT event that happened in relation to an asset (theroll‑over asset ); or(ii) section 160ZZO of the
Income Tax Assessment Act 1936 applied in relation to a disposal (asection 160ZZO roll‑over ) of an asset (also theroll‑over asset ); and(b) the originating company in relation to the Subdivision 126‑B roll‑over, or the transferor in relation to the section 160ZZO roll‑over, was a foreign resident; and
(c) the recipient company in relation to the Subdivision 126‑B roll‑over, or the transferee in relation to the section 160ZZO roll‑over, was an Australian resident and was not the entity that became the *head company of the group; and
(d) between the Subdivision 126‑B roll‑over, or the section 160ZZO roll‑over, and the linked entity joining time, no other CGT event happened in relation to the roll‑over asset for which there was not a Subdivision 126‑B roll‑over or a section 160ZZO roll‑over; and
(e) the roll‑over asset is a *membership interest in a linked entity, other than one that is held at that time by the entity that becomes the head company of the group;
then, subject to subsection (5), there is under section 705‑93 a step 3A amount for the purpose of working out the group’s *allocable cost amount for the linked entity (the
subject entity ) that holds the roll‑over asset at the linked entity joining time.
What the step 3A amount is
(4) The step 3A amount is:
(a) if, as a result of the Subdivision 126‑B roll‑over mentioned in subparagraph (3)(a)(i), or the section 160ZZO roll‑over mentioned in subparagraph (3)(a)(ii), a *capital loss of the originating company was disregarded or a capital loss of the transferor was not incurred—an increase amount equal to the capital loss; or
(b) if, as a result of the Subdivision 126‑B roll‑over mentioned in subparagraph (3)(a)(i), or the section 160ZZO roll‑over mentioned in subparagraph (3)(a)(ii), a *capital gain of the originating company was disregarded or a capital gain of the transferor did not accrue—a reduction amount equal to the capital gain.
Apportionment of step 3A amount among first level interposed entities
(5) If at the linked entity joining time one or more linked entities, in which the *head company holds *membership interests, are interposed between the head company and the subject entity, then the step 3A amount is apportioned among those entities and the subject entity in the same way as a step 3A amount is apportioned under subsection (2).
Omit “, and”, substitute “and”.
Omit “*head company”, substitute “entity”.
Omit “time.”, substitute “time; and”.
Omit “reduced (if the head company roll‑over adjustment amount is an excess), or increased”, substitute “increased (if the head company roll‑over adjustment is an excess), or reduced”.
Repeal the subsection, substitute:
Section only applies to transitional groups formed at certain times
(1) This section applies if the day on which the transitional group comes into existence is before 1 July 2003 or is both:
(a) the first day of the first income year of the head company starting after 30 June 2003; and
(b) before 1 July 2004.
Section only applies to non‑chosen transitional entities in such groups
(1A) This section applies to each transitional entity in the transitional group, other than a chosen transitional entity. This is so even if there are no chosen transitional entities at all.
Repeal the paragraph, substitute:
(a) on or before the first day of the first income year of the head company starting after 30 June 2003; and
Omit “in the sub‑group held in any other”, substitute “held at or before that time in any other entity that became a”.
After “in relation to the sub‑group”, insert “, and any such entity held those membership interests during the period when it actually held them”.
After “703‑50(3)”, insert “of the
Income Tax Assessment Act 1997 ”.
After “section 703‑50”, insert “of that Act”.
After “amount)”, insert “of the
Income Tax Assessment Act 1997 ”.
After “701‑5”, insert “of that Act”.
After “705‑60”, insert “of the
Income Tax Assessment Act 1997 ”.
After “705‑60”, insert “of the
Income Tax Assessment Act 1997 ”.
Omit “this Act”, substitute “the
Income Tax Assessment Act 1997 ”.
Insert:
(1) This section applies if:
(a) under a contract:
(i) a person (the
seller ) stops being entitled to be registered as the holder of a *share in a company at a time (thetransfer time ); and(ii) another person (the
buyer ) becomes entitled to be registered as the holder of the share in the company at the transfer time; and(b) as a result of the contract, the seller stops being the beneficial owner of the share, and the buyer becomes the beneficial owner of the share; and
(c) the seller and the buyer dealt with each other at *arm’s length in relation to the contract; and
(d) the seller and the buyer were not *associates of one another at any time during the period:
(i) starting when the contract was entered into; and
(ii) ending at the transfer time.
(2) For the purposes of subsection 703‑30(1):
(a) the seller is taken to have stopped being the beneficial owner of the share at the transfer time; and
(b) the buyer is taken to have become the beneficial owner of the share at the transfer time.
Omit “first income year ending after the day specified in the choice”, substitute “income year during which the day specified in the choice occurs”.
Repeal the link note.
Insert:
Errors in making tax cost setting amount calculations are reversed by means of an immediate capital gain or loss if it would be unreasonable to require the calculations to be re‑done.
Operative provisions 705‑305 Object of this Subdivision
705‑310 Operation of Part IVA of the
Income Tax Assessment Act 1936 705‑315 Errors that attract special adjustment action
705‑320 Tax cost setting amounts taken to be correct
[This is the end of the Guide.]
The object of this Subdivision is to avoid the time and expense involved in correcting errors affecting *tax cost setting amount calculations. This is done by providing for *capital gains or *capital losses to reverse the errors.
To avoid doubt, this Subdivision does not limit the operation of Part IVA of the
Income Tax Assessment Act 1936 .
(1) Section 705‑320 (about later adjustments to correct *tax cost setting amount calculation errors) applies if the conditions in this section are satisfied.
Tax cost setting amount taken into account
(2) The first condition is that the *head company of a *consolidated group worked out a *tax cost setting amount, in purported compliance with this Division, for an asset of an entity that becomes a *subsidiary member of the group that is an asset of a kind referred to in section 705‑35 as a reset cost base asset.
Error in calculation
(3) The second condition is that:
(a) the *head company made one or more errors in working out the *tax cost setting amount; and
(b) those errors caused the tax cost setting amount to differ from its correct amount.
If the errors caused the tax cost setting amount to be more, the difference is an
overstated amount . If the errors caused the tax cost setting amount to be less, the difference is anunderstated amount .
Unreasonable to require recalculation
(4) The third condition is that, having regard to the following factors:
(a) the net size of the errors compared to the size of the *allocable cost amount for the joining entity;
(b) the number of *tax cost setting amounts that would have to be recalculated, and the difficulty of making the recalculations;
(c) the number of adjustments, in assessments that could be amended and in future *income tax returns, that would be necessary to correct the errors;
(d) the difficulty in obtaining any necessary information;
it is not reasonable to require a recalculation of the amounts involved.
Exception where error due to fraud or evasion (5) However, the conditions in this section are
not satisfied if the errors were to any extent due to fraud or evasion.
Requirement to notify
(6) The *head company of the *consolidated group must, as soon as practicable after becoming aware that it made one or more errors in working out the *tax cost setting amount, notify the Commissioner in the *approved form:
(a) that it had made the errors; and
(b) of the amount of the overstated amount or understated amount.
(1) For the purposes of this Act (other than this Subdivision) and for the purposes of the
Taxation Administration Act 1953 , any *tax cost setting amounts that were worked out by the *head company, so far as they were due to the errors, are taken to have been correct if the conditions in section 705‑315 are satisfied.Note 1: If the conditions in section 705‑315 are satisfied, CGT event L6 happens (see section 104‑525).
Note 2: Subsection (1) means that the Commissioner cannot amend any assessments necessary to correct the errors, and that (except as mentioned in subsection (2)) no offences or administrative penalties arise in respect of the errors.
(2) Subsection (1) does not apply for the purposes of determining whether there is an offence against section 8N of the
Taxation Administration Act 1953 , or an administrative penalty under section 284‑75 or 284‑145 in Schedule 1 to that Act, in relation to statements made before the Commissioner became aware of the errors.Note 1: Section 8N of the
Taxation Administration Act 1953 deals with false or misleading statements. Sections 284‑75 and 284‑145 in Schedule 1 to that Act set out the circumstances in which an entity is liable for an administrative penalty.Note 2: The offence and administrative penalty provisions however apply on a modified basis—see subsection 8W(1C) of the
Taxation Administration Act 1953 , and subsections 284‑80(2) and 284‑150(2) in Schedule 1 to that Act.
[The next Division is Division 707.]
Add:
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Add:
(1)
CGT event L6 happens if:
(a) you are the *head company of a *consolidated group; and
(b) the conditions in section 705‑315 (about errors in tax cost setting amounts) are satisfied for a *subsidiary member of the group; and
(c) you have a *net overstated amount or a *net understated amount for the subsidiary member.
(2) The time of the event is the start of the income year in which the Commissioner becomes aware of the errors.
(3) You work out whether you have a
net overstated amount ornet understated amount using this table:
1 | There are one or more overstated amounts under section 705‑315 for the *subsidiary member but no understated amount under that section for the subsidiary member | There is a |
2 | There are one or more understated amounts under section 705‑315 for the *subsidiary member but no overstated amount under that section for the subsidiary member | There is a |
3 | There are both one or more overstated amounts and one or more understated amounts under section 705‑315 for the *subsidiary member and the sum of the overstated amounts exceeds the sum of the understated amounts | There is a |
4 | There are both one or more overstated amounts and one or more understated amounts under section 705‑315 for the *subsidiary member and the sum of the overstated amounts is less than the sum of the understated amounts | There is a |
(4) If the time when the Commissioner becomes aware of the errors is within the period within which the Commissioner may amend all of the assessments necessary to correct the errors, then, for the head company core purposes mentioned in subsection 701‑1(2):
(a) if you have a *net overstated amount—you make a
capital gain equal to that amount; or(b) if you have a *net understated amount—you make a
capital loss equal to that amount.(5) If the time when the Commissioner becomes aware of the errors is not within that period, then, for the head company core purposes mentioned in subsection 701‑1(2):
(a) if you have a *net overstated amount—you make a
capital gain of the amount worked out under subsection (6); or(b) if you have a *net understated amount—you make a
capital loss of the amount worked out under subsection (6).(6) The amount of the *capital gain or *capital loss is worked out as follows:
where:
current asset setting amount means the *tax cost setting amount for all assets referred to in subsection 705‑315(2) as reset cost base assets that the *head company of the *consolidated group held continuously from the time when the *subsidiary member joined the group until the start of the head company’s income year that is the earliest income year for which the Commissioner could amend the head company’s assessment to correct any of the errors.
original asset setting amount means the *tax cost setting amount for all assets referred to in subsection 705‑315(2) as reset cost base assets that the *subsidiary member held at the time it joined the group.
stated amount means the *net overstated amount or the *net understated amount, as the case requires.
(1)
CGT event L7 happens if you are the *head company of a *consolidated group and the conditions relating to a liability in subsection (3) are satisfied.(2) The time of the event is the start of your income year in which the liability is discharged.
(3) The conditions are that:
(a) a liability of an entity that became a *subsidiary member of the group was taken into account in working out your *allocable cost amount for the subsidiary member in accordance with Division 705 (your
ACA ); and(b) the liability was later discharged (whether by the making of a payment or by the release, waiver or other extinguishment of the liability) and the sum (the
realised amount ) of:
(i) the amount of any payment made to discharge the liability; and
(ii) the market value of any other consideration given to discharge the liability;
differs from the amount for the liability that was taken into account in working out your ACA; and
(c) that ACA is different to what it would have been (your
true ACA ) if you had taken the realised amount into account in working out your ACA.(4) You make a
capital gain for the head company core purposes mentioned in subsection 701‑1(2) if your ACA would have been smaller had you used the realised amount in working out your ACA. The amount of the gain is the difference between the amount you worked out and your true ACA.(5) You make a
capital loss for the head company core purposes mentioned in subsection 701‑1(2) if your ACA would have been greater had you used the realised amount in working out your ACA. The amount of the loss is the difference between the amount you worked out and your true ACA.
Add:
L6 | Errors in tax cost setting amounts for entity joining consolidated group | 104‑525 |
L7 | Discharged amount of liability differs from amount for allocable cost amount purposes | 104‑530 |
Insert:
net overstated amount has the meaning given by subsection 104‑525(3).
Insert:
net understated amount has the meaning given by subsection 104‑525(3).
Insert:
(1C) If the conditions in section 705‑315 of the
Income Tax Assessment Act 1997 are satisfied, then for the purposes of any application of subsection (1) of this section in relation to the errors mentioned in that section, so far as they were made in a statement made as mentioned in subsection 705‑230(2) of that Act, the references in paragraphs (1)(c) and (d) of this section to the excess are taken instead to be references to the amount worked out using the formula:where:
adjusted reset cost base asset setting amount means:
(a) the *tax cost setting amount, worked out under Division 705 of the
Income Tax Assessment Act 1997 , for all assets of a kind referred to in section 705‑35 of that Act as reset cost base assets that the *head company of the relevant group held continuously from the time when the *subsidiary member referred to in subsection 705‑315(2) of that Act joined the group until the start of the head company’s income year in which the Commissioner became aware of the errors mentioned in section 705‑315 of that Act;less:
(b) the head company’s deductions under Division 40 (except under Subdivision 40‑F, 40‑G, 40‑H or 40‑I) or Subdivision 328‑D of the
Income Tax Assessment Act 1997 for those assets for all income years before the earliest income year for which the Commissioner could amend the head company’s assessment to correct any of the errors.
capital gain means the capital gain that the head company makes as a result of CGT event L6 happening as mentioned in section 104‑525 of theIncome Tax Assessment Act 1997 .
original reset cost base asset setting amount means the *tax cost setting amount, worked out under Division 705 of theIncome Tax Assessment Act 1997 , for all reset cost base assets that the *subsidiary member held at the time it joined the group, other than assets that the *head company no longer held at the start of the earliest income year for which the Commissioner could amend the head company’s assessment to correct any of the errors.
Add:
(2) However, if:
(a) your shortfall amount arises in the situation covered by both item 1 in the table and item 1, 2 or 3 in the table in subsection 284‑90(1); and
(b) the statement is false or misleading because of errors mentioned in section 705‑315 of the
Income Tax Assessment Act 1997 that were made in the income tax return mentioned in subsection 705‑230(2) of that Act, yourshortfall amount is instead the amount worked out using the formula:where:
adjusted reset cost base asset setting amount means:
(a) the *tax cost setting amount, worked out under Division 705 of the
Income Tax Assessment Act 1997 , for all assets of a kind referred to in section 705‑35 of that Act as reset cost base assets that the *head company of the relevant group held continuously from the time when the *subsidiary member referred to in subsection 705‑315(2) of that Act joined the group until the start of the head company’s income year in which the Commissioner became aware of the errors mentioned in section 705‑315 of that Act;less:
(b) the head company’s deductions under Division 40 (except under Subdivision 40‑F, 40‑G, 40‑H or 40‑I) or Subdivision 328‑D of the
Income Tax Assessment Act 1997 for those assets for all income years before the income year in which the Commissioner became aware of the errors.
capital gain means the capital gain that the head company makes as a result of CGT event L6 happening as mentioned in section 104‑525 of theIncome Tax Assessment Act 1997 .
original reset cost base asset setting amount means the *tax cost setting amount, worked out under Division 705 of theIncome Tax Assessment Act 1997 , for all reset cost base assets that the *subsidiary member held at the time it joined the group, other than assets that the *head company no longer held at the start of the earliest income year for which the Commissioner could amend the head company’s assessment to correct any of the errors.
Add:
(3) However, to the extent that your scheme shortfall amount is due to errors in an income tax return as mentioned in subsection 705‑230(2) of the
Income Tax Assessment Act 1997 , yourscheme shortfall amount is instead the amount worked out using the formula:where:
adjusted reset cost base asset setting amount means:
(a) the *tax cost setting amount, worked out under Division 705 of the
Income Tax Assessment Act 1997 , for all assets of a kind referred to in section 705‑35 of that Act as reset cost base assets that the *head company of the relevant group held continuously from the time when the *subsidiary member referred to in subsection 705‑315(2) of that Act joined the group until the start of the head company’s income year in which the Commissioner became aware of the errors mentioned in section 705‑315 of that Act;less:
(b) the head company’s deductions under Division 40 (except under Subdivision 40‑F, 40‑G, 40‑H or 40‑I) or Subdivision 328‑D of the
Income Tax Assessment Act 1997 for those assets for all income years before the income year in which the Commissioner became aware of the errors.
capital gain means the capital gain that the head company makes as a result of CGT event L6 happening as mentioned in section 104‑525 of theIncome Tax Assessment Act 1997 .
original reset cost base asset setting amount means the *tax cost setting amount, worked out under Division 705 of theIncome Tax Assessment Act 1997 , for all reset cost base assets that the *subsidiary member held at the joining time, other than assets that the *head company no longer held at the start of the earliest income year for which the Commissioner could amend the head company’s assessment to correct any of the errors.
Add:
Section to apply to exempting credits
(11) This section applies to exempting credits arising in the exempting account of the head company of a consolidated group in the same way that it applies to credits arising in the head company’s franking account.
Repeal the link note.
Add:
Part 3‑6 operates as if a *frankable distribution made by a *subsidiary member of a *consolidated group (the
foreign‑held subsidiary ) were a frankable distribution made by the *head company of the group to a *member of the head company if:
(a) the foreign‑held subsidiary meets the set of requirements in section 703‑45, section 701C‑10 of the
Income Tax (Transitional Provisions) Act 1997 or section 701C‑15 of that Act; and(b) the frankable distribution is made to a foreign resident.
Note: Part 3‑6 deals with imputation.
Add:
This Subdivision modifies the way Division 208 (exempting entities and former exempting entities) operates in relation to consolidated groups.
Operative provisions 709‑155 Testing consolidated groups
709‑160 Subsidiary member is exempting entity
709‑165 Subsidiary member is former exempting entity
709‑170 Head company and subsidiary are exempting entities
709‑175 Head company is former exempting entity
[This is the end of the Guide.]
(1) To determine whether a *consolidated group is an *exempting entity or *former exempting entity, the tests in Division 208 are applied to the *head company of the group.
(2) However, there are some additional rules that can alter the way that Division 208 applies to a *consolidated group. These are set out in sections 709‑160 to 709‑175.
(3) In applying those rules to an entity that is a *member of a *consolidated group:
(a) Division 208 is to be applied before those rules; and
(b) that Division is to be applied just after the entity became a member of the group but, for a *subsidiary member, it is to be applied on the assumption that the subsidiary was not a member of the group at that time.
(4) Except as mentioned in paragraph (3)(b), Division 208 has no application to a *subsidiary member of a *consolidated group.
(1) This section operates if:
(a) the *head company of a *consolidated group is neither an exempting entity nor a *former exempting entity; and
(b) a *corporate tax entity becomes a *subsidiary member of the group at a time (the
joining time ); and(c) the entity is an *exempting entity at the joining time.
(2) These rules apply to the *consolidated group.
1 | The *head company becomes a *former exempting entity at the joining time |
2 | The *head company has both a *franking account and an *exempting account |
3 | If the *subsidiary member’s *franking account has a *franking surplus at the joining time:
|
4 | Subsection 709‑60(2) (about franking surplus) does not apply to the *subsidiary member |
5 | Item 1 of the table in section 208‑115 does not apply to the *head company |
6 | Item 1 of the table in section 208‑120 does not apply to the *head company |
7 | Item 1 of the table in section 208‑130 does not apply to the *head company |
8 | Item 1 of the table in section 208‑145 does not apply to the *head company |
Note 1: If the subsidiary’s franking account is in deficit, it will be liable for franking deficit tax: see subsection 709‑60(3).
Note 2: The subsidiary’s franking account does not operate while it is a member of the group: see section 709‑65.
(1) This section operates if:
(a) the *head company of a *consolidated group is neither an exempting entity nor a *former exempting entity; and
(b) a *corporate tax entity becomes a *subsidiary member of the group at a time (also the
joining time ); and(c) the entity is a *former exempting entity at the joining time.
(2) These rules apply to the *consolidated group.
1 | The *head company becomes a *former exempting entity at the joining time |
2 | The *head company has both a *franking account and an *exempting account |
3 | If the *subsidiary member’s *exempting account has an *exempting surplus at the joining time:
|
4 | If the *subsidiary member’s *exempting account has an *exempting deficit at the joining time:
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5 | The *subsidiary member’s *exempting account does not operate during the period: (a) starting just after the joining time; and
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6 | Item 1 of the table in section 208‑115 does not apply to the *head company |
7 | Item 1 of the table in section 208‑120 does not apply to the *head company |
8 | Item 1 of the table in section 208‑130 does not apply to the *head company |
9 | Item 1 of the table in section 208‑145 does not apply to the *head company |
Note 1: Any surplus in the subsidiary’s franking account will be transferred to the head company’s franking account: see subsection 709‑60(2).
Note 2: If the subsidiary’s franking account is in deficit, it will be liable for franking deficit tax: see subsection 709‑60(3). This deficit may be increased by item 4 in the table in subsection (2).
Note 3: The subsidiary’s franking account does not operate while it is a member of the group: see section 709‑65.
There is no change to the status of the *head company of a *consolidated group if:
(a) the head company is an *exempting entity; and
(b) a *corporate tax entity becomes a *subsidiary member of the group at a time (also the
joining time ); and(c) the entity is an exempting entity at the joining time.
Note 1: If the subsidiary’s franking account is in surplus, that surplus will be transferred to the head company’s franking account: see subsection 709‑60(2).
Note 2: If the subsidiary’s franking account is in deficit, it will be liable for franking deficit tax: see subsection 709‑60(3).
Note 3: The subsidiary’s franking account does not operate while it is a member of the group: see section 709‑65.
(1) Subsection (2) operates if:
(a) the *head company of a *consolidated group is a *former exempting entity; and
(b) a *corporate tax entity becomes a *subsidiary member of the group at a time (also the
joining time ); and(c) the entity is an *exempting entity at the joining time.
(2) These rules apply to the *consolidated group.
1 | There is no change to the status of the *head company |
2 | If the subsidiary member’s *franking account has a *franking surplus at the joining time:
|
3 | Subsection 709‑60(2) (about franking surplus) does not apply to the *subsidiary member |
Note 1: If the subsidiary’s franking account is in deficit, it will be liable for franking deficit tax: see subsection 709‑60(3).
Note 2: The subsidiary’s franking account does not operate while it is a member of the group: see section 709‑65.
(3) Subsection (4) operates if:
(a) the *head company of a *consolidated group is a *former exempting entity; and
(b) a *corporate tax entity becomes a *subsidiary member of the group at a time (also the
joining time ); and(c) the entity is a *former exempting entity at the joining time.
(4) These rules apply to the *consolidated group.
1 | There is no change to the status of the *head company |
2 | If the *subsidiary member’s *exempting account has an *exempting surplus at the joining time:
|
3 | If the *subsidiary member’s *exempting account has an *exempting deficit at the joining time:
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4 | The *subsidiary member’s *exempting account does not operate during the period: (a) starting just after the joining time; and
|
Note 1: If the subsidiary’s franking account is in deficit, it will be liable for franking deficit tax: see subsection 709‑60(3). This deficit may be increased by item 3 in the table in subsection (4).
Note 2: The subsidiary’s franking account does not operate while it is a member of the group: see section 709‑65.
(5) There is no change to the status of the *head company of a *consolidated group if:
(a) the head company is a *former exempting entity; and
(b) a *corporate tax entity becomes a *subsidiary member of the group; and
(c) the entity is neither an *exempting entity nor a former exempting entity at the joining time.
Note 1: If the subsidiary’s franking account is in surplus, that surplus will be transferred to the head company’s franking account: see subsection 709‑60(2).
Note 2: If the subsidiary’s franking account is in deficit, it will be liable for franking deficit tax: see subsection 709‑60(3).
Note 3: The subsidiary’s franking account does not operate while it is a member of the group: see section 709‑65.
Insert:
This Subdivision deals with some imputation issues in relation to MEC groups.
Operative provisions 719‑430 Transfer of franking account balance on cessation event
719‑435 Distributions by subsidiary members of MEC group taken to be distributions by head company
[This is the end of the Guide.]
(1) This section operates if:
(a) a *cessation event happens to the *provisional head company of a *MEC group (the
former head company ); and(b) another company (the
new head company ) is appointed as the provisional head company of the group under subsection 719‑60(3).(2) When the new head company is appointed:
(a) the *franking account of the former head company ceases to operate; and
(b) the new head company has a franking account; and
(c) any *franking surplus or *franking deficit in the franking account of the former head company just before the *cessation event happened becomes that of the new head company.
(1) Part 3‑6 operates as if a *frankable distribution made by an *eligible tier‑1 company that:
(a) is a member of a *MEC group; and
(b) is not the *provisional head company of the group;
had been made by the provisional head company of the group to a *member of the provisional head company.
Note: Part 3‑6 deals with imputation.
(2) Part 3‑6 operates as if a *frankable distribution made by a *subsidiary member of a *MEC group (the
foreign‑held subsidiary ) that is not an *eligible tier‑1 company were a frankable distribution made by the *head company of the group to a *member of the head company if:
(a) the foreign‑held subsidiary meets the set of requirements in section 703‑45, section 701C‑10 of the
Income Tax (Transitional Provisions) Act 1997 or section 701C‑15 of that Act; and(b) the frankable distribution is made to a foreign resident.
Add:
This Subdivision sets out special rules for:
(a) a life insurance company that becomes, or ceases to be, a member of a consolidated group; and
(b) the head company of a consolidated group where a life insurance company is a subsidiary member of the group.
Operative provisions 713‑505 Head company treated as a life insurance company
713‑510 Certain subsidiaries of life insurance companies cannot be members of consolidated group
713‑515 Modification of cost setting rules
713‑520 Valuing certain liabilities
713‑525 Obligation to value virtual PST assets and segregated exempt assets
713‑530 Certain amounts transferred to leaving entity
[This is the end of the Guide.]
This Act, and the
Income Tax Rates Act 1986 , apply to the *head company of a *consolidated group as if it were a *life insurance company for an income year if one or more life insurance companies are *subsidiary members of the group at any time during that year.
(1) An entity cannot be a *subsidiary member of the same *consolidated group or *consolidatable group of which a *life insurance company is a *member if:
(a) the life insurance company owns, either directly or indirectly, *membership interests in the entity; and
(b) either:
(i) some, but not all, of those membership interests are *virtual PST assets of the life insurance company; or
(ii) some, but not all, of those membership interests are *segregated exempt assets of the life insurance company.
Note: The entity could, however, be a member of another consolidated group or consolidatable group.
(2) An entity cannot continue to be a *subsidiary member of a *consolidated group if:
(a) a *life insurance company is a *member of the group; and
(b) the life insurance company owns, either directly or indirectly, *membership interests in the entity; and
(c) had the entity not been a subsidiary member of the group, either:
(i) some, but not all, of those membership interests would be *virtual PST assets of the life insurance company; or
(ii) some, but not all, of those membership interests would be *segregated exempt assets of the life insurance company.
(1) If an entity that becomes a *subsidiary member of a *consolidated group at a time (the
joining time ) is a *life insurance company, these assets areretained cost base assets :
(a) a *virtual PST asset, or a *segregated exempt asset, of the company; and
(b) another asset of the company that is held by the company for the purpose of discharging its liabilities under the *net investment component of ordinary life insurance policies (except policies that provide for *participating benefits or *discretionary benefits under *life insurance business carried on in Australia); and
(c) for a life insurance company that has demutualised under Division 9AA of Part III of the
Income Tax Assessment Act 1936 where, in the period starting just after the company demutualises and ending at the joining time, all of the *membership interests in the company were owned by the same group—a goodwill asset of the company.(2) If the *retained cost base asset is covered by paragraph (1)(a) or (b), its *tax cost setting amount is:
(a) for the purposes of working out the tax cost setting amounts for reset cost base assets (see section 705‑35)—the asset’s *transfer value just before the joining time; and
(b) for all other purposes—the asset’s *terminating value.
(3) If the *retained cost base asset is covered by paragraph (1)(c), its *tax cost setting amount is the embedded value (see subsection 121AM(1) of the
Income Tax Assessment Act 1936 ) on the applicable accounting day (see subsection 121AM(3) of that Act) of the *life insurance company concerned reduced by the net value of shareholders’ assets held by the company on that day.(4) The
net investment component of ordinary life insurance policies is the component of *life insurance policies (except *exempt life insurance policies and *virtual PST life insurance policies) that:
(a) is the component in respect of the part of those policies that has not been reinsured under a *contract of reinsurance; and
(b) is not the *net risk component of those policies.
(1) Despite section 705‑70, if the joining entity mentioned in step 2 in the table in section 705‑60 is a *life insurance company, the joining entity’s liabilities mentioned in this section are to be valued as mentioned in this section.
(2) The value of the joining entity’s *virtual PST liabilities (if any) is the amount worked out under section 320‑190 at the joining time.
(3) The value of the joining entity’s *exempt life insurance policy liabilities (if any) is the amount worked out under section 320‑245 at the joining time.
(4) Subsection (5) applies to a liability of the joining entity if:
(a) the liability is under the *net risk component of a *life insurance policy; and
(b) the joining entity could deduct under section 320‑80 an amount for the *risk component of claims paid under the policy had it not become a *member of the *consolidated group.
(5) The value of that liability is the *current termination value of the *net risk component of the *life insurance policy at the joining time (calculated by an *actuary).
(6) The value of the joining entity’s liabilities under the *net investment component of ordinary life insurance policies is the amount worked out for those liabilities under subsection 320‑190(2) as if those liabilities were *virtual PST liabilities.
Division 320 has effect as if:
(a) the joining time when a *life insurance company becomes a *subsidiary member of a *consolidated group; and
(b) the time (the
leaving time ) when a life insurance company ceases to be a subsidiary member of a consolidated group;were a valuation time for the purposes of sections 320‑175 and 320‑230.
Note: This means that:
· the company must value its virtual PST assets under section 320‑175 (with the consequences set out in section 320‑180), and its segregated exempt assets under section 320‑230 (with the consequences set out in section 320‑235), as at the joining time; and
· the head company must value the life insurance company’s virtual PST assets and its segregated exempt assets as at the leaving time.
(1) This section operates if:
(a) a *life insurance company ceases to be a subsidiary member of a *consolidated group in an income year; and
(b) at the leaving time, no other member of the group is a life insurance company that has a *virtual PST; and
(c) either:
(i) at the leaving time, the *head company of the group has a *net capital loss from *virtual PST assets; or
(ii) the head company has an amount referred to in subsection 320‑205(2) as a difference that it could not apply to reduce any *virtual PST component of the *complying superannuation class of the company’s taxable income for the income year in which the leaving time occurred.
(2) The *net capital loss, or the difference, becomes that of the *life insurance company just after the leaving time.
[The next Division is Division 715.]
Add:
Note: The time when a life insurance company joins or leaves a consolidated group is also a valuation time: see section 713‑525.
Add:
Note: The time when a life insurance company joins or leaves a consolidated group is also a valuation time: see section 713‑525.
Add:
Note: The tax cost setting amount of certain assets of a life insurance company is worked out under Subdivision 713‑L.
Add:
Note: A subsidiary of a life insurance company cannot be a member of a consolidated group or consolidatable group in certain circumstances: see section 713‑510.
Add:
Note: There are some additional retained cost base assets for a joining entity that is a life insurance company: see Subdivision 713‑L. The tax cost setting amount for those assets is worked out under that Subdivision.
Add:
Note: Certain liabilities of a life insurance company are worked out under Subdivision 713‑L: see section 713‑520.
Insert:
net investment component of ordinary life insurance policies has the meaning given by subsection 713‑515(4).
9
Subsection 995‑1(1) (definition of retained cost base asset ) After “705‑25(5)”, insert “and 713‑515(1)”.
Insert:
713‑L Transitional relief for certain transactions relating to life insurance companies
713‑500 Object of Subdivision
713‑505 When this Subdivision applies (first case)
713‑510 When this Subdivision applies (second case)
713‑515 Entities must choose the relief
713‑520 Conditions
713‑525 Time of transfer
713‑530 What the relief is
713‑535 Subsequent consequences
713‑540 Requirement to notify happening of new event
713‑545 Discount capital gain in certain cases
The object of this Subdivision is to give an opportunity to a group of entities that includes a life insurance company to rearrange the assets of the group for the purposes of one or more of them becoming members of a consolidated group in a way that does not attract any immediate taxation consequences.
(1) This Subdivision provides for a deferral of the taxation consequences that would occur because of an event (the
deferral event ) happening involving an entity (theoriginating entity ) and another entity (therecipient entity ) if:
(a) the event occurs in connection with a life insurance company (the
member life insurance company ) becoming a member of a consolidated group; and(b) the relevant conditions in section 713‑520 are met.
(2) If the originating entity is a company, the deferral event referred to in subsection (1) is a CGT event referred to in subsection (4) happening to a CGT asset (the
original asset ) where, apart from this Subdivision, the happening of the event would have resulted in:
(a) an amount (other than a capital gain) being included in the originating entity’s assessable income; or
(b) the originating entity making a capital gain.
(3) If the originating entity is a trust, the deferral event referred to in subsection (1) is a CGT event referred to in subsection (4) happening to a CGT asset (also the
original asset ) where, apart from this Subdivision, the happening of the event would have resulted in:
(a) an amount (other than a capital gain) being included in the net income of the trust; or
(b) the trustee making a capital gain.
(4) The CGT events are:
(a) CGT events A1, B1, D1, D2, D3, E2, F1 and F2; and
(b) CGT event C2, but only if the CGT asset that ends is a unit in a unit trust that is replaced by an equivalent membership interest (the
replacement interest ) in a company or in another trust.
(1) This Subdivision also provides for a deferral of the taxation consequences that would occur if:
(a) a life insurance company transfers an asset (also the
original asset ) to its virtual PST or from its virtual PST where, apart from this Subdivision, section 320‑200 of theIncome Tax Assessment Act 1997 would apply to the transfer; or(b) a life insurance company transfers an asset (also the
original asset ) to its segregated exempt assets where, apart from this Subdivision, section 320‑255 of theIncome Tax Assessment Act 1997 would apply to the transfer;where the transfer (also the
deferral event ) is made in connection with the life insurance company (also themember life insurance company ) becoming a member of a consolidated group.
(2) The relevant conditions in section 713‑520 must be met.
(1) This Subdivision applies only if the originating entity (for a section 713‑505 case) or the life insurance company (for a section 713‑510 case) chooses that it apply.
(2) The choice must be made:
(a) by the day the originating entity or the life insurance company, or the head company of the consolidated group of which it is a member, lodges its income tax return for the income year in which the deferral event happened; or
(b) within a further time allowed by the Commissioner.
(1) For a section 713‑505 case:
(a) the originating entity must be:
(i) a life insurance company that has virtual PST assets or segregated exempt assets and that is a member of a consolidatable group; or
(ii) an entity that is unable to be a member of the same consolidatable group as a life insurance company because of section 713‑510 of the
Income Tax Assessment Act 1997 ; or
Amended assessments—other than because of deficit deferral
(2) If:
(a) the Commissioner amends a franking assessment for the entity for the balancing period (the
earlier assessment ) other than because of the operation of section 214‑30 (an amendment because of a refund of tax that affects franking deficit tax liability); and(b) the amount of franking deficit tax payable under the amended assessment exceeds the amount of franking deficit tax payable under the earlier assessment;
the excess amount is due and payable one month after the day on which the assessment was amended.
Tax payable because of deficit deferral
(3) If:
(a) the entity receives a refund of income tax; and
(b) the receipt of the refund gives rise to a liability, or an increased liability, to pay franking deficit tax because of the operation of subsection 205‑30(2) or (3);
the franking deficit tax or, if there is an increase in an existing liability to pay franking deficit tax, the difference between the original liability and the increased liability, is due and payable on:
(c) if the entity accounts for the liability, or increased liability, in a franking return that is outstanding for the balancing period in which the liability arose—the day on which the outstanding return is required to be given to the Commissioner; or
(d) in any other case—14 days after the day on which the refund was received.
If:
(a) franking deficit tax that is payable by the entity remains unpaid after the time by which it is due and payable; and
(b) the Commissioner has not allocated the unpaid amount to an RBA;
the entity is liable to pay the general interest charge on the unpaid amount for each day in the period that:
(c) starts at the beginning of the day on which the franking deficit tax was due to be paid; and
(d) ends at the end of the last day on which, at the end of the day, any of the following remains unpaid:
(i) the franking deficit tax;
(ii) general interest charge on any of the franking deficit tax.
Note: The general interest charge is worked out under Division 1 of Part IIA of the
Taxation Administration Act 1953 .
Section 172 of the
Income Tax Assessment Act 1936 applies for the purposes of this Division as if references in that section to tax included references to franking deficit tax.
In section 213 of the
Income Tax Assessment Act 1936 (under which the Commissioner may require security for the payment of income tax), a reference to income tax includes a reference to franking tax.
Section 262A of the
Income Tax Assessment Act 1936 applies for the purposes of this Division as if:
(a) the reference in that section to a person carrying on a business were a reference to a corporate tax entity; and
(b) the reference in paragraph (2)(a) of that section to the person’s income and expenditure were a reference to:
(i) the entity’s franking account balance; and
(ii) the entity’s liability to pay franking tax; and
(c) paragraph (5)(a) of that section were omitted.
Section 264 of the
Income Tax Assessment Act 1936 applies for the purposes of this Division as if the reference in paragraph (1)(b) of that section to a person’s income or assessment were a reference to a matter relevant to the administration or operation of this Division.
Part VIIA of the
Income Tax Assessment Act 1936 applies in relation to a return given, or objection made, for the purposes of this Division as it applies to an income tax return or objection.
If an expression is defined in this Division, it has the meaning given in that definition, and not the meaning given in the
Income Tax Assessment Act 1997 .
Repeal the items.
Insert:
|
|
|
16
Section 14ZQ (definition of franking assessment ) Repeal the definition, substitute:
franking assessment has the same meaning as in theIncome Tax Assessment Act 1997 .
17
Subsection 250‑10(1) in Schedule 1 (table items 30, 35, 40 and 45) Repeal the items.
18
Subsection 250‑10(2) in Schedule 1 (after table item 37) Insert:
38 | franking tax | 214‑150(1), (2), (3) and (4) |
(1) The amendment made by item 1 of this Schedule applies to distributions made after 30 June 2002.
(2) The amendment made by item 2 of this Schedule applies where the franking periods to which the notice relates occur after 30 June 2002.
(3) The amendments made by items 3 to 12 and item 16 of this Schedule apply to income years ending after 30 June 2002.
Insert:
franked part of a distribution has the same meaning as in theIncome Tax Assessment Act 1997 .
Insert:
part of a distribution that is franked with an exempting credit has the same meaning as in theIncome Tax Assessment Act 1997 .
Insert:
part of a distribution that is franked with a venture capital credit has the same meaning as in theIncome Tax Assessment Act 1997 .
Insert:
unfranked part of a distribution has the same meaning as in theIncome Tax Assessment Act 1997 .
Repeal the subsection.
Repeal the section.
7
Subsection 46F(1) (definition of unfranked part ) Repeal the definition, substitute:
unfranked part of a dividend includes a dividend that is unfrankable under theIncome Tax Assessment Act 1997 .
Repeal the paragraph, substitute:
(aaa) income that consists of a non‑share dividend that is unfrankable under section 215‑10 of the
Income Tax Assessment Act 1997 ; or
Repeal the paragraph, substitute:
(ga) income that consists of the franked part of a dividend, or the part of a dividend that is franked with an exempting credit (other than a dividend in respect of which a determination is made under paragraph 204‑30(3)(c) of the
Income Tax Assessment Act 1997 or a dividend or a part of a dividend in respect of which a determination is made under paragraph 177EA(5)(b)); or
Repeal the paragraph, substitute:
(gaa) income that consists of so much of the unfranked part of a dividend as does not exceed the foreign dividend account declaration amount (if any) in respect of the distribution under section 128TC; or
Repeal the section, substitute:
(1) In this section, unless the contrary intention appears:
relevant circumstances has a meaning affected by subsection (17).
relevant taxpayer has the meaning given by subsection (3).
scheme for a disposition , in relation to membership interests or an interest in membership interests, has a meaning affected by subsection (14).
(2) An expression used in this section that is defined in the
Income Tax Assessment Act 1997 has the same meaning as in that Act, except to the extent that its meaning is extended by subsection (16), (18) or (19), or affected by subsection (15).
Application of section
(3) This section applies if:
(a) there is a scheme for a disposition of membership interests, or an interest in membership interests, in a corporate tax entity; and
(b) either:
(i) a frankable distribution has been paid, or is payable or expected to be payable, to a person in respect of the membership interests; or
(ii) a frankable distribution has flowed indirectly, or flows indirectly or is expected to flow indirectly, to a person in respect of the interest in membership interests, as the case may be; and
(c) the distribution was, or is expected to be, a franked distribution or a distribution franked with an exempting credit; and
(d) except for this section, the person (the
relevant taxpayer ) would receive, or could reasonably be expected to receive, imputation benefits as a result of the distribution; and(e) having regard to the relevant circumstances of the scheme, it would be concluded that the person, or one of the persons, who entered into or carried out the scheme or any part of the scheme did so for a purpose (whether or not the dominant purpose but not including an incidental purpose) of enabling the relevant taxpayer to obtain an imputation benefit.
Bare acquisition of membership interests or interest in membership interests
(4) It is not to be concluded for the purposes of paragraph (3)(e) that a person entered into or carried out a scheme for a purpose mentioned in that paragraph merely because the person acquired membership interests, or an interest in membership interests, in the entity.
Commissioner to determine franking debit or deny franking credit
(5) The Commissioner may make, in writing, either of the following determinations:
(a) if the corporate tax entity is a party to the scheme, a determination that a franking debit or exempting debit of the entity arises in respect of each distribution made to the relevant taxpayer or that flows indirectly to the relevant taxpayer;
(b) a determination that no imputation benefit is to arise in respect of a distribution or a specified part of a distribution that is made, or that flows indirectly, to the relevant taxpayer.
A determination does not form part of an assessment.
Notice of determination
(6) If the Commissioner makes a determination under subsection (5), the Commissioner must:
(a) in respect of a determination made under paragraph (5)(a)—serve notice in writing of the determination on the corporate tax entity; or
(b) in respect of a determination made under paragraph (5)(b)—serve notice in writing of the determination on the relevant taxpayer.
The notice may be included in a notice of assessment.
Publication in national newspaper of determination in relation to listed public company denying imputation benefit
(7) If the Commissioner makes a determination under paragraph (5)(b), in respect of a distribution made by a listed public company, the Commissioner is taken to have served notice in writing of the determination on the relevant taxpayer if the Commissioner causes the notice to be published in a daily newspaper that circulates generally in each State, the Australian Capital Territory and the Northern Territory. The notice is taken to have been served on the day on which the publication takes place.
Evidence of determination
(8) The production of:
(a) a notice of a determination; or
(b) a document signed by the Commissioner, a Second Commissioner or a Deputy Commissioner purporting to be a copy of a determination;
is conclusive evidence:
(c) of the due making of the determination; and
(d) except in proceedings under Part IVC of the
Taxation Administration Act 1953 on an appeal or review relating to the determination, that the determination is correct.
Objections
(9) If a taxpayer to whom a determination relates is dissatisfied with the determination, the taxpayer may object against it in the manner set out in Part IVC of the
Taxation Administration Act 1953 .
Effect of determination of franking debit or exempting debit
(10) If the Commissioner makes a determination under paragraph (5)(a):
(a) on the day on which notice in writing of the determination is served on the entity, a franking debit or exempting debit of the corporate tax entity arises in respect of the distribution; and
(b) the amount of the franking debit or exempting debit is such amount as is stated in the Commissioner’s determination, being an amount that:
(i) the Commissioner considers reasonable in the circumstances; and
(ii) does not exceed the amount of the franking debit or exempting debit of the entity arising under item 1 of the table in section 205‑30 of the
Income Tax Assessment 1997 or item 2 of the table in section 208‑120 of that Act in respect of the distribution.
Effect of determination that no imputation benefit is to arise
(11) If the Commissioner makes a determination under paragraph (5)(b), the determination has effect according to its terms.
Application of section to non‑share dividends
(12) This section:
(a) applies to a non‑share equity interest in the same way as it applies to a membership interest; and
(b) applies to an equity holder in the same way as it applies to a member; and
(c) applies to a non‑share dividend in the same way as it applies to a distribution.
Meaning of interest in membership interests
(13) A person has an interest in membership interests if:
(a) the person has any legal or equitable interest in the membership interests; or
(b) the person is a partner in a partnership and:
(i) the assets of the partnership include, or will include, the membership interests; or
(ii) the partnership derives, or will derive, income indirectly through interposed companies, trusts or partnerships, from distributions made on the membership interests; or
(c) the person is a beneficiary of a trust (including a potential beneficiary of a discretionary trust) and:
(i) the membership interests form, or will form, part of the trust estate; or
(ii) the trust derives, or will derive, income indirectly through interposed companies, trusts or partnerships, from distributions made on the membership interests.
Meaning of scheme for a disposition
(14) A scheme for a disposition of membership interests or an interest in membership interests includes, but is not limited to, a scheme that involves any of the following:
(a) issuing the membership interests or creating the interest in membership interests;
(b) entering into any contract, arrangement, transaction or dealing that changes or otherwise affects the legal or equitable ownership of the membership interests or interest in membership interests;
(c) creating, varying or revoking a trust in relation to the membership interests or interest in membership interests;
(d) creating, altering or extinguishing a right, power or liability attaching to, or otherwise relating to, the membership interests or interest in membership interests;
(e) substantially altering any of the risks of loss, or opportunities for profit or gain, involved in holding or owning the membership interests or having the interest in membership interests;
(f) the membership interests or interest in membership interests beginning to be included, or ceasing to be included, in any of the insurance funds of a life assurance company.
(15) In determining whether a distribution flows indirectly to a person, assume that the following provisions had not been enacted:
(a) section 282B, 283 or 297B of this Act (certain income derived by an eligible entity within the meaning of Part IX of that Act); or
(b) paragraph 320‑35(1)(b) of the
Income Tax Assessment Act 1997 (segregated exempt assets) or subparagraph 320‑35(1)(f)(ii) of that Act (income bonds, funeral policies and scholarship plans).
When imputation benefit is received
(16) A taxpayer to whom a distribution flows indirectly receives an
imputation benefit as a result of the distribution if:
(a) the taxpayer is entitled to a tax offset under Division 207 of the
Income Tax Assessment Act 1997 as a result of the distribution; or(b) where the taxpayer is a corporate tax entity—a franking credit would arise in the franking account of the taxpayer as a result of the distribution.
Note: Where the distribution is made directly to the taxpayer, see subsection 204‑30(6) of the
Income Tax Assessment Act 1997 for a definition ofimputation benefit .
Meaning of relevant circumstances of scheme
(17) The
relevant circumstances of a scheme include the following:
(a) the extent and duration of the risks of loss, and the opportunities for profit or gain, from holding membership interests, or having interests in membership interests, in the corporate tax entity that are respectively borne by or accrue to the parties to the scheme, and whether there has been any change in those risks and opportunities for the relevant taxpayer or any other party to the scheme (for example, a change resulting from the making of any contract, the granting of any option or the entering into of any arrangement with respect to any membership interests, or interests in membership interests, in the corporate tax entity);
(b) whether the relevant taxpayer would, in the year of income in which the distribution is made, or if the distribution flows indirectly to the relevant taxpayer, in the year in which the distribution flows indirectly to the relevant taxpayer, derive a greater benefit from franking credits than other entities who hold membership interests, or have interests in membership interests, in the corporate tax entity;
(c) whether, apart from the scheme, the corporate tax entity would have retained the franking credits or exempting credits or would have used the franking credits or exempting credits to pay a franked distribution to another entity referred to in paragraph (b);
(d) whether, apart from the scheme, a franked distribution would have flowed indirectly to another entity referred to in paragraph (b);
(e) if the scheme involves the issue of a non‑share equity interest to which section 215‑10 of the
Income Tax Assessment Act 1997 applies—whether the corporate tax entity has issued, or is likely to issue, equity interests in the corporate tax entity:
(i) that are similar, from a commercial point of view, to the non‑share equity interest; and
(ii) distributions in respect of which are frankable;
(f) whether any consideration paid or given by or on behalf of, or received by or on behalf of, the relevant taxpayer in connection with the scheme (for example, the amount of any interest on a loan) was calculated by reference to the imputation benefits to be received by the relevant taxpayer;
(g) whether a deduction is allowable or a capital loss is incurred in connection with a distribution that is made or that flows indirectly under the scheme;
(h) whether a distribution that is made or that flows indirectly under the scheme to the relevant taxpayer is equivalent to the receipt by the relevant taxpayer of interest or of an amount in the nature of, or similar to, interest;
(i) the period for which the relevant taxpayer held membership interests, or had an interest in membership interests, in the corporate tax entity;
(j) any of the matters referred to in subparagraphs 177D(b)(i) to (viii).
Meaning of greater benefit from franking credits
(18) The following subsection lists some of the cases in which a taxpayer to whom a distribution flows indirectly receives a
greater benefit from franking credits than an entity referred to in paragraph (17)(b). It is not an exhaustive list.(19) A taxpayer to whom a distribution flows indirectly receives a
greater benefit from franking credits than an entity referred to in paragraph (17)(b) if any of the following circumstances exist in relation to that entity in the income year in which the distribution giving rise to the benefit is made, and not in relation to the taxpayer if:
(a) the entity is not an Australian resident; or
(b) the entity would not be entitled to any tax offset under Division 207 of the
Income Tax Assessment Act 1997 because of the distribution; or(c) the amount of income tax that would be payable by the entity because of the distribution is less than the tax offset to which the entity would be entitled; or
(d) the entity is a corporate tax entity at the time the distribution is made, but no franking credit arises for the entity as a result of the distribution; or
(e) the entity is a corporate tax entity at the time the distribution is made, but cannot use franking credits received on the distribution to frank distributions to its own members because:
(i) it is not a franking entity; or
(ii) it is unable to make frankable distributions.
Note: Where the distribution is made directly to the taxpayer, see subsections 204‑30(7), (8), (9) and (10) of the
Income Tax Assessment Act 1997 for a list of circumstances in which the taxpayer will be treated as deriving a greater benefit from franking credits than another entity.
Repeal the link note.
Insert:
976‑1 Franked part of a distribution
976‑5 Unfranked part of a distribution
976‑10 The part of a distribution that is franked with an exempting credit
976‑15 The part of a distribution that is franked with a venture capital credit
The
franked part of a *distribution is an amount worked out using the formula:
The
unfranked part of a *distribution is the amount that is left after deducting the *franked part of the distribution from the total distribution.
The
part of a distribution that is franked with an exempting credit is worked out using the formula:
The
part of a distribution that is franked with a venture capital credit is worked out using the formula:
[The next Part is Part 6‑5.]
(1) The amendments made by items 8 to 10 of this Schedule apply to income derived after 30 June 2002.
(2) The amendment made by item 11 of this Schedule applies to distributions that are made or that flow indirectly after 30 June 2002.
Insert:
216‑A Circumstances where a distribution to a member of a corporate tax entity is treated as having been made to someone else
216‑B Statements to be made where there is a cum dividend sale or securities lending arrangement
216‑1 When a distribution made to a member of a corporate tax entity is treated as having been made to someone else
216‑5 First situation (cum dividend sales)
216‑10 Second situation (securities lending arrangements)
216‑15 Distribution closing time
There are 2 situations in which a *franked distribution, or a distribution *franked with an exempting credit, that is made to a *member of a *corporate tax entity is taken to have been made to another entity.
(1) The first situation is one in which:
(a) the *corporate tax entity makes a *franked distribution, or a *distribution franked with an exempting credit, to a *member of the entity in respect of a *membership interest in the entity; and
(b) at the *distribution closing time, the member is under an obligation to transfer the membership interest to another person under a contract for the sale of the membership interest; and
(c) the contract:
(i) requires that the distribution be paid on to the other person; and
(ii) is entered into in the ordinary course of trading on an *approved stock exchange in Australia or elsewhere.
(2) The *distribution is taken to have been made to the other person as a *member of the entity (and not to the member).
Note: As the other person is the entity receiving the distribution, there may be tax effects for the other person under Division 207 or 208.
(3) The *distribution referred to in paragraph (1)(a) includes a distribution that is taken to be made as a result of one or more previous applications of this section or section 216‑10.
(1) The second situation is one in which:
(a) the *corporate tax entity makes a *franked distribution, or a *distribution franked with an exempting credit, to a *member of the entity in respect of a *membership interest in the entity; and
(b) at the time the distribution was made, the member was under an obligation to pay the distribution to another person under a *securities lending arrangement; and
(c) the obligation was incurred in the member’s capacity as the borrower under the securities lending arrangement; and
(d) the *distribution closing time occurred during the borrowing period.
(2) The *distribution is taken to have been made to the other person as a *member of the entity (and not to the member).
Note: As the other person is the entity receiving the distribution, there may be tax effects for the other person under Division 207 or 208.
(3) The distribution referred to in paragraph (1)(a) includes a distribution that is taken to be made as a result of one or more previous applications of this section or section 216‑5.
If *distributions by a *corporate tax entity are made to those *members who were members as at a particular time at or before the distribution is made, that time is the
distribution closing time in relation to those distributions.
216‑20 Cum dividend sale—statement by securities dealer
216‑25 Cum dividend sale—statement by party
216‑30 Securities lending arrangements—statement by borrower
If:
(a) section 216‑5 applies in relation to a *franked distribution or a *distribution franked with an exempting credit (cum dividend sales); and
(b) a *securities dealer has acted for a particular party to the contract concerned;
the securities dealer must, as soon as practicable after the making of the distribution, give to the other party to the contract a statement in the *approved form setting out such information in relation to the distribution as is required by the approved form.
If:
(a) section 216‑5 applies in relation to a *franked distribution or a *distribution franked with an exempting credit (cum dividend sales); and
(b) a particular party to the contract concerned has not had a *securities dealer acting for him or her;
that party must, as soon as practicable after the making of the distribution, give to the other party to the contract a statement in the *approved form setting out such information in relation to the distribution as is required by the approved form.
If section 216‑10 (*securities lending arrangements) applies in relation to a *franked distribution, or a *distribution franked with an exempting credit, the borrower must, as soon as practicable after the making of the distribution, give to the lender a statement in the *approved form setting out such information in relation to the distribution as is required by the approved form.
The amendments made by this Schedule apply to distributions made after 30 June 2002.
The
For all relevant information pertaining to application, saving or transitional provisions
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
16, 2003 | 11 Apr 2003 | |||
83, 2004 | 25 June 2004 | Schedule 2 (item 51): Royal Assent | — | |
41, 2005 | 1 Apr 2005 | Schedule 10 (item 224): Royal Assent Schedule 10 (item 266): | — | |
56, 2010 | 3 June 2010 | Schedule 5 (items 137–140): Royal Assent | Sch. 5 (items 139, 140) | |
75, 2010 | 28 June 2010 | Schedule 6 (item 13): 29 June 2010 | — |
(a) Subsection 2(1) (item 19) of theTax Laws Amendment (2004 Measures No. 7) Act 2005 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Schedule 10, item 266 | Immediately after the commencement of Schedule 1 to the | 24 October 2002 |
| |
Provision affected | How affected |
S. 2......................................... | am. No. 56, 2010 |
S. 4......................................... | rep. No. 75, 2010 |
Item 27A................................. | ad. No. 56, 2010 |
Item 12................................... | am. No. 83, 2004 |
Item 6..................................... | am. No. 41, 2005 |
Tax Laws Amendment (2010 Measures No. 1) Act 2010 (No. 56, 2010)
(1) The amendments made by this Part apply in relation to a consolidated group or MEC group only if the head company of the group makes a choice in accordance with subitems (2) and (3).
(2) The choice must be made:
(a) on or before 30 June 2011; or
(b) within a further time allowed by the Commissioner.
(3) The choice must be made in writing.
140
Transitional provision—revocation of choice for transitional entities (1) This item applies in relation to a consolidated group or MEC group if:
(a) the head company of the group makes a choice in accordance with subitems (2) and (3) of the previous item; and
(b) the group came into existence:
(i) on or after 1 July 2003; and
(ii) on a day other than the first day of the first income year of the head company starting after 1 July 2003.
(2) In determining whether a choice under subsection 701‑5(1) of the
Income Tax (Transitional Provisions) Act 1997 in relation to the group can be revoked, treat the reference in paragraph 701‑5(4)(a) of that Act to 31 December 2005 as instead being a reference to the day that is 6 months after the commencement of this item.
Item 3 is taken never to have had effect.
0
0
0