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INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 220.501

Franking and exempting accounts of new former exempting entities

             (1)  This section has effect if:

                     (a)  a company (the Australian company ) that is an Australian resident becomes a former exempting entity at a time (the switch time ) because of:

                              (i)  an NZ franking choice by a company (the NZ company ); and

                             (ii)  Division 220 of the Income Tax Assessment Act 1997 ; and

                     (b)  the NZ franking choice comes into force at the start of the NZ company's income year including 1 April 2003; and

                     (c)  at the switch time there is a franking surplus in the Australian company's franking account; and

                     (d)  at the switch time the Australian company is a 100% subsidiary of a company (the NZ parent company ) that:

                              (i)  is not a 100% subsidiary of another company that is a member of the same wholly-owned group; and

                             (ii)  is a post-choice NZ franking company; and

                     (e)  there is a period for which all these requirements are met:

                              (i)  the period must start as soon as possible after 7.30 pm by legal time in the Australian Capital Territory on 13 May 1997 and end immediately before the switch time;

                             (ii)  the Australian company must have been a 100% subsidiary of the NZ parent company for the whole of the period;

                            (iii)  the Australian company must meet either or both of the conditions in subsections (2) and (3) for the whole of the period;

                            (iv)  the NZ parent company must meet the condition in subsection (4) for the whole of the period.

Conditions relating to the Australian company

             (2)  One condition relating to the Australian company is that the company would not have been effectively owned by prescribed persons as described in sections 208-25 to 208-45 of the Income Tax Assessment Act 1997 if:

                     (a)  those sections and sections 220-505 and 220-510 of that Act had applied throughout the period; and

                     (b)  an accountable membership interest or accountable partial interest in the Australian company had, at a time in the period, been held by, or indirectly for the benefit of, a post-choice NZ franking company if, at that time:

                              (i)  the interest was held by, or indirectly for the benefit of, a company (the interest holder ); and

                             (ii)  the interest holder was an NZ resident or would have been one had section 220-20 of the Income Tax Assessment Act 1997 , and section 995-1 of that Act so far as it relates to section 220-20 of that Act, applied throughout the period.

             (3)  The other condition relating to the Australian company is that the company was a 100% subsidiary of a company that:

                     (a)  was a listed public company; and

                     (b)  was an NZ resident or would have been one had section 220-20 of the Income Tax Assessment Act 1997 , and section 995-1 of that Act so far as it relates to section 220-20 of that Act, applied throughout the period.

Condition relating to the NZ parent company

             (4)  The condition relating to the NZ parent company is that it:

                     (a)  was not a 100% subsidiary of another company that was a member of the same wholly-owned group; and

                     (b)  was an NZ resident or would have been one had section 220-20 of the Income Tax Assessment Act 1997 , and section 995-1 of that Act so far as it relates to section 220-20 of that Act, applied throughout the period.

Franking credits for the period remain franking credits

             (5)  A franking credit arises in the Australian company's franking account immediately after the switch time.

Note:          This franking credit will partly or fully offset the franking debit that arises under item 1 of the table in section 208-145 of the Income Tax Assessment Act 1997 because the Australian company becomes a former exempting entity at the switch time.

Franking credits for the period do not become exempting credits

             (6)  An exempting debit arises in the Australian company's exempting account immediately after the switch time.

Note:          This exempting debit will partly or fully offset the exempting credit that arises under item 1 of the table in section 208-115 of the Income Tax Assessment Act 1997 because the Australian company becomes a former exempting entity at the switch time.

Amount of franking credit and exempting debit

             (7)  Work out the amount of the franking credit arising under subsection (5) and the exempting debit arising under subsection (6) using the table:

 

Amount of the franking credit and the exempting debit

Item

If:

The amount of the credit and debit is:

1

The period starts immediately after 7.30 pm by legal time in the Australian Capital Territory on 13 May 1997

The franking surplus in the Australian company's franking account at the switch time

2

Both these conditions are met:

(a) item 1 does not apply;

(b) the Australian company's franking account was not in surplus at the start of the period

The franking surplus in the Australian company's franking account at the switch time

3

All these conditions are met:

(a) item 1 does not apply;

(b) the Australian company's franking account was in surplus at the start of the period;

(c) the surplus in the account at the switch time is greater than the surplus at the start of the period

The difference between:

(a) the franking surplus in the Australian company's franking account at the switch time; and

(b) the franking surplus in the Australian company's franking account at the start of the period

No franking credit or exempting debit in some cases

             (8)  Subsections (5) and (6) do not have effect if:

                     (a)  the start of the period is not immediately after 7.30 pm by legal time in the Australian Capital Territory on 13 May 1997; and

                     (b)  the franking surplus in the Australian company's franking account at the switch time is not greater than the franking surplus in the Australian company's franking account at the start of the period.

Table of Subdivisions

235-I     Instalment trusts

Table of sections

235-810    Application of Subdivision 235-I of the Income Tax Assessment Act 1997



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