Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 220.205

Franking credit for payment of NZ franking company's withholding tax liability

  (1)   A * franking credit arises in the * franking account of a company on the day a payment is made of * withholding tax that the company is liable under section   128B of the Income Tax Assessment Act 1936 to pay, if:

  (a)   because of section   220 - 25, the company satisfies the * residency requirement for the income year in which it * derived the income on which it was liable to pay the withholding tax; and

  (b)   the company is a * franking entity for the whole or part of that income year.

The amount of the credit equals the amount of the payment.

  (2)   For the purposes of determining whether the company satisfies the * residency requirement for the income year described in paragraph   (1)(a), section   205 - 25 has effect as if the derivation of the income described in that paragraph were an event specified in a relevant table for the purposes of that section.


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