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INCOME TAX ASSESSMENT ACT 1997 - SECT 219.15

Franking credits

             (1)  The table in section 205-15 does not apply to a * life insurance company.

             (2)  The following table sets out when a * franking credit arises under this section in the * franking account of a * life insurance company.

 

Franking credits in the franking account

Item

If:

A credit of:

Arises:

1

the company * pays a PAYG instalment; and

the company satisfies the * residency requirement for the income year in relation to which the PAYG instalment is paid; and

the payment is made before the company's * assessment day for that income year; and

the company is a * franking entity for the whole or part of the relevant * PAYG instalment period

that part of the payment that:

(a) the company estimates will be attributable to the * shareholders' share of the income tax liability of the company for that income year; and

(b) is attributable to the period during which the company was a franking entity

on the day on which the payment is made (see note 1 to this subsection)

2

the company * paid a PAYG instalment; and

the company satisfied the * residency requirement for the income year in relation to which the PAYG instalment was paid; and

the payment was made before the company's * assessment day for that income year; and

the company was a * franking entity for the whole or part of the relevant * PAYG instalment period

that part of the payment that is attributable to:

(a) the * shareholders' share of the income tax liability of the company for that income year; and

(b) the period during which the company was a franking entity

on the company's assessment day for that income year (see note 1 to this subsection)

3

the company * pays a PAYG instalment; and

the company satisfies the * residency requirement for the income year in relation to which the PAYG instalment is paid; and

the payment is made on or after the company's * assessment day for that income year; and

the company is a * franking entity for the whole or part of the relevant * PAYG instalment period

that part of the payment that is attributable to:

(a) the * shareholders' share of the income tax liability of the company for that income year; and

(b) the period during which the company was a franking entity

on the day on which the payment is made

4

the company * pays income tax; and

the company satisfies the * residency requirement for the income year for which the tax is paid; and

the company is a * franking entity for the whole or part of that income year

that part of the payment that is attributable to:

(a) the * shareholders' share of the income tax liability of the company for that income year; and

(b) the period during which the company was a franking entity

on the day on which the payment is made

5

a * franked distribution is made to the company; and

the company satisfies the * residency requirement for the income year in which the distribution is made; and

the company is a * franking entity when it receives the distribution; and

the company is entitled to a * tax offset under Division 207 because of the distribution; and

the tax offset is not subject to the refundable tax offset rules (see Division 67)

the amount of the tax offset

on the day on which the distribution is made

6

a * franked distribution * flows indirectly to the company through a partnership or the trustee of a trust; and

the company is a * franking entity when the franked distribution is made; and

the company is entitled to a * tax offset under Division 207 because of the distribution; and

the tax offset is not subject to the refundable tax offset rules (see Division 67)

the amount of the tax offset

at the time specified in subsection (3)

7

the company incurs a liability to pay * franking deficit tax under section 205- 45 or 205-50

the amount of the liability

immediately after the liability is incurred

8

a * franking credit arises under subsection 418-55(1) in relation to an * exploration credit

the amount of the * franking credit specified in subsection 418-55(2)

at the time provided by subsection 418-55(3)

9

the company * pays diverted profits tax; and

the company satisfies the * residency requirement for the income year for which the tax is paid; and

the company is a * franking entity for the whole or part of that income year

that part of the payment that is attributable to:

(a) the * shareholders' share of the income tax liability of the company for that income year; and

(b) the period during which the company was a franking entity;

multiplied by the proportion worked out under subsection (4)

on the day on which the payment is made

Note 1:       On the assessment day, a franking credit that arose under item 1 of the table:

•        is reversed by a franking debit that arises under item 1 of the table in section 219-30; and

•        is replaced with a franking credit that arises under item 2 of the table in this section.

Note 2:       Section 219-50 tells you how to work out the part of an amount that is attributable to the shareholders' share of the income tax liability of the company for the income year.

Note 3:       To find out whether a tax offset under Division 207 is subject to the refundable tax offset rules: see section 67- 25.

             (3)  A * franking credit covered by item 6 of the table arises at the end of the income year:

                     (a)  that is an income year of the last partnership or trust interposed between:

                              (i)  the * life insurance company; and

                             (ii)  the * corporate tax entity that made the distribution; and

                     (b)  during which the * franked distribution * flows indirectly to the life insurance company.

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



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