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INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 219.40

Reversing and replacing (on tax paid basis) certain franking credits that arose before 1 July 2002

             (1)  This section applies if:

                     (a)  a franking credit arose before 1 July 2002 in the franking account of a life insurance company under former section 160APVJ of the Income Tax Assessment Act 1936 in relation to a PAYG instalment in respect of an income year; and

                     (b)  the company's assessment day (the assessment day ) for that income year occurs on or after 1 July 2002; and

                     (c)  the company has a franking account (the new franking account ) under section 205-10 of the Income Tax Assessment Act 1997 .

             (2)  A franking debit of the amount worked out in accordance with the following formula is taken to have arisen in the new franking account on the assessment day:

                  

where:

amount of the 1936 Act credit means the amount of the franking credit mentioned in paragraph (1)(a).

             (3)  On the assessment day, a franking credit of the amount mentioned in item 2 of the table in section 219-15 of the Income Tax Assessment Act 1997 arises in the new franking account in relation to a payment of the PAYG instalment mentioned in paragraph (1)(a) of this section that was made before 1 July 2002.

Note:          On the assessment day, the franking credit mentioned in paragraph (1)(a) is therefore:

*        reversed by the franking debit arising under subsection (2); and

*        replaced with a franking credit arising under subsection (3).



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