• Specific Year
    Any

INCOME TAX ASSESSMENT ACT 1997 - SECT 205.30 Franking debits

INCOME TAX ASSESSMENT ACT 1997 - SECT 205.30

Franking debits

  (1)   The following table sets out when a debit arises in the * franking account of an entity and the amount of the debit. The debit is called a franking debit .

 

Debits in the franking account

Item

If:

A debit of:

Arises:

1

the entity * franks a * distribution

the amount of the * franking credit on the distribution

on the day on which the distribution is made

2

the entity * receives a refund of income tax; and

the entity satisfies the * residency requirement for the income year to which the refund relates; and

the entity was a * franking entity during the whole or part of the income year to which the refund relates

that part of the refund that is attributable to the period during which the entity was a franking entity

on the day on which the refund is received

2A

the entity * receives a * tax offset refund; and

the entity does not satisfy the * residency requirement for the income year to which the refund relates; and

the entity was a * franking entity during the whole or part of the income year to which the refund relates; and

the entity's * franking account is in * surplus on the day on which the refund is received

the lesser of:

(a) that part of the refund that is attributable to the period during which the entity was a franking entity; and

(b) the amount of the * franking surplus

on the day on which the refund is received

3

a * franking debit arises for the entity under paragraph   203 - 50(1)(b) (the entity * franks a * distribution in contravention of the * benchmark rule)

the franking debit worked out under paragraph   203 - 50(2)(b)

on the day specified in subsection   203 - 50(4)

4

the entity ceases to be a * franking entity; and

the entity's * franking account is in * surplus immediately before ceasing to be a franking entity

the amount of the * franking surplus

on the day on which the entity ceases to be a franking entity

5

a * franking debit arises for the entity under section   204 - 15 (linked distributions)

the franking debit specified in subsection   204 - 15(3)

on the day specified in subsection   204 - 15(4)

6

a * franking debit arises under section   204 - 25 (debit for substituting * tax - exempt bonus shares for * franked distributions)

the amount of the debit specified in subsection   204 - 25(2)

on the day specified in subsection   204 - 25(3)

7

the Commissioner makes a determination under paragraph   204 - 30(3)(a) giving rise to a * franking debit for the entity (streaming distributions)

the amount of the debit specified in the determination

on the day specified in section   204 - 35

7A

a * franking debit arises under subsection   197 - 45(1) because an amount to which Division   197 applies is transferred to a company's * share capital account

the amount of the debit specified in subsection   197 - 45(2)

at the time provided by subsection   197 - 45(1)

7B

a * franking debit arises under subsection   197 - 65(2) because a company chooses to untaint its * share capital account

the amount of the debit specified in subsection   197 - 65(3)

at the time provided by subsection   197 - 65(2)

9

(a) the entity purchases a * membership interest in itself; and

(b) the purchase is an * on - market buy - back; and

(c) the entity is a company

an amount equal to the debit that would have arisen if:

(a) the purchase of the interest were a * frankable distribution equal to the one that would have arisen if the entity:

(i) purchased the interest * off - market; and

(ii) in the case of a * listed public company--were not a listed public company; and

(b) the distribution were * franked at the entity's * benchmark franking percentage for the * franking period in which the purchase was made or, if the entity does not have a benchmark franking percentage for the period, at a * franking percentage of 100%

on the day on which the interest is purchased

9A

(a) the entity purchases a * membership interest in itself; and

(b) the purchase is an * off - market buy - back; and

(c) the entity is a * listed public company

an amount equal to the debit that would have arisen if:

(a) the purchase of the interest were a * frankable distribution equal to the one that would have arisen if the entity were not a listed public company; and

(b) the distribution were * franked at the entity's * benchmark franking percentage for the * franking period in which the purchase was made or, if the entity does not have a benchmark franking percentage for the period, at a * franking percentage of 100%

on the day on which the interest is purchased

9B

the entity makes a * distribution to which paragraph   202 - 45(k) applies (consideration for cancellation of membership interest as part of selective reduction of capital)

an amount equal to the debit that would have arisen if:

(a) the distribution were a * frankable distribution equal to the one that would have arisen if the entity were not a * listed public company; and

(b) the distribution were * franked at the entity's * benchmark franking percentage for the * franking period in which the distribution was made or, if the entity does not have a benchmark franking percentage for the period, at a * franking percentage of 100%

on the day on which the distribution is made

10

a * franking debit arises under section   316 - 260 for the * friendly society or one of its * wholly - owned subsidiaries because the * franking account of the society or subsidiary is in * surplus

the amount of the debit specified in subsection   316 - 260(2)

at the time provided by subsection   316 - 260(3)

11

a * franking debit arises under section   316 - 265 for the * friendly society or one of its * wholly - owned subsidiaries because a * franking credit arises for the society or subsidiary

the amount of the debit specified in subsection   316 - 265(3)

at the time provided by subsection   316 - 265(4)

12

a * franking debit arises under section   316 - 270 for the * friendly society or one of its * wholly - owned subsidiaries because a * franking credit arises for the society or subsidiary

the amount of the debit specified in subsection   316 - 270(3)

at the time provided by subsection   316 - 270(4)

13

the entity * receives a refund of diverted profits tax; and

the entity satisfies the * residency requirement for the income year to which the refund relates; and

the entity was a * franking entity during the whole or part of the income year to which the refund relates

that part of the refund that is attributable to the period during which the entity was a franking entity, multiplied by the proportion worked out under subsection   (3)

on the day on which the refund is received

Note:   For completeness, the table refers to some franking debits that arise under other sections of the Act. This does not mean that separate franking debits arise both under the relevant section and this table.

  (2)   Despite item   2 of the table in subsection   (1), no debit arises on that part of the refund that is attributable to any of the following:

  (a)   a payment of income tax in relation to an * RSA component;

  (b)   a * tax offset that is subject to the refundable tax offset rules because of section   67 - 30 (about R&D).

  (3)   The proportion is the standard corporate tax rate (within the meaning of Part   IVA of the Income Tax Assessment Act 1936 ) divided by 40%.

Download

No downloadable files available