Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 219.75

Revised shareholders' ratio--modification of section   219 - 50

  (1)   Subsection   (2) applies to a * life insurance company if a * tax offset under section   205 - 70 is applied to work out the company's * income tax liability for an income year.

Note:   This means subsection   (2) applies if the tax offset is applied to reduce the part of the company's basic income tax liability mentioned in subsection   219 - 70(1) in relation to the income year.

  (2)   For the purposes of working out the amount of a * franking credit or * franking debit for the company in relation to the income year (other than a franking credit covered by item   1 of the table in section   219 - 15), section   219 - 50 has effect as if:

  (a)   steps 1 and 2 of the method statement in section   219 - 50 were omitted; and

  (b)   the reference in step 3 of that method statement to the * shareholders' ratio were a reference to the revised shareholders' ratio worked out as follows:

Example:   For the 2002 - 2003 income year X Co (which is a life insurance company) has a tax offset of $68,000 under section   205 - 70. Its income tax liability for that year would have been $400,000 on the assessment day (1   February 2004) if the tax offset were disregarded. Of that liability, $80,000 is attributable to the shareholders. The step 1 result is therefore $12,000 ($80,000 minus $68,000).

X Co's income tax liability after applying the tax offset is $332,000 ($400,000 minus $68,000). The revised shareholders' ratio is therefore 3/83 ($12,000 divided by $332,000).

For that income year, the company paid $249,000 of PAYG instalments before the assessment day and $83,000 of income tax one month after that day.

On the assessment day, a franking credit of $9,000 arises under item   2 of the table in section   219 - 15 ($249,000 multiplied by 3/83). On the day the additional amount of tax is paid, another franking credit of $3,000 arises under item   4 of that table ($83,000 multiplied by 3/83).

Adjustment resulting from amended assessment--modification of section   219 - 55

  (3)   Subsection   (4) applies to a * life insurance company if:

  (a)   the assessment of the company's * income tax liability for an income year (the previous assessment ) is amended; and

  (b)   at least one of the following applies:

  (i)   a * tax offset under section   205 - 70 is applied in making that amended assessment;

  (ii)   a tax offset under section   205 - 70 was applied in making the previous assessment.

  (4)   Section   219 - 55 has effect in relation to the company as if:

  (a)   if subparagraph   (3)(b)(i) of this section applies--a reference in that section to the new ratio were a reference to the revised shareholders' ratio that is based on the amended assessment; and

  (b)   if subparagraph   (3)(b)(ii) of this section applies--the reference in paragraph   (1)(b) of that section to the * shareholders' ratio used previously were a reference to the revised shareholders' ratio that is based on the previous assessment.

Example:   Continuing the example in subsection   (2), the assessment of X Co for the 2002 - 2003 income year is amended on 31   March 2004. Under the amended assessment, X Co's income tax liability would be $300,000 if the tax offset were disregarded.

Of that liability, $60,000 is attributable to the shareholders. That amount is reduced by the tax offset of $68,000 to nil.

X Co's liability to pay income tax is therefore reduced to $240,000 ($300,000 minus $60,000) and it will receive a refund of $92,000 ($332,000 minus $240,000). As the revised shareholders' ratio has become nil, no franking debit arises from the refund.

The franking credits that previously arose from the payments of PAYG instalments and income tax would not have arisen if the new revised shareholders' ratio had been used. Section   219 - 55 (as applied by subsection   (4) of this section) therefore operates to create an adjustment to cancel those franking credits. The adjustment is a franking debit of $12,000 that arises on the day of the amendment of the assessment.

Table of Subdivisions

  Guide to Division   220

220 - A   Objects of this Division

220 - B   NZ company treated as Australian resident for imputation system if company chooses

220 - C   Modifications of other Divisions of this Part