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Chapter 3: Exemptions

Last updated 31 March 2020

To allow the foreign investment fund (FIF) measures to focus on cases that provide the greatest opportunity for deferral of Australian tax, there are a number of exemptions from FIF taxation:

  • attributable taxpayers under the CFC or the transferor trust measures
  • an interest in an active business
  • an interest in a foreign bank
  • an interest in a foreign holding company of a foreign bank
  • an interest in a foreign life insurance company
  • an interest in a foreign holding company of a foreign life insurance company
  • an interest in a foreign general insurance company
  • an interest in a foreign holding company of a foreign general insurance company
  • an interest in a foreign company engaged in certain real property activities
  • an interest in a foreign holding company of a foreign company engaged in certain real property activities
  • an interest of $50,000 or less
  • visitors to Australia
  • an interest in an employer-sponsored foreign superannuation fund
  • an interest in a FIF that is trading stock
  • an interest in a multi-industry foreign company
  • underwriting members of Lloyd's
  • a balanced investment portfolio in FIFs
  • an interest in certain FIFs resident in the United States
  • resident complying superannuation entities and interests in certain assets of life insurance companies and certain fixed trusts.

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