Section E: Financial services entities

Question 40 Are you a foreign bank or other qualifying financial entity under Part IIIB of the ITAA 1936?

This question must be completed by qualifying foreign banks and financial entities to which Part IIIB of the ITAA 1936 applies (and have not elected out of Part IIIB).

The dollar amounts or values asked for in this question are all based on your tax records.

If you are a foreign bank or a qualifying foreign financial entity that carries on business operations through an Australian branch and, under section 160ZZVB of the ITAA 1936, you:

• have not made an election that Part IIIB does not apply, then all the rules in Part IIIB apply
• have made an election that Part IIIB does not apply, then certain rules regarding withholding taxes in Part IIIB continue to apply.

For the purposes of Part IIIB, the following terms are defined in section 160ZZV:

• Australian branch, in relation to a foreign bank, means a permanent establishment in Australia through which the bank carries on banking business
• foreign bank means a body corporate that is a foreign authorised deposit taking institution (ADI) for the purposes of the Banking Act 1959
• financial entity and foreign entity both have the meaning given in section 995-1 of the ITAA 1997.

If you are a foreign bank or other qualifying financial entity which has not elected out of Part IIIB of the ITAA 1936, answer Yes at question 40 – label A and complete at question 40a – labels B to F and at question 40b – labels G to J.

Complete the following:

• 40a Notional amount of interest under Part IIIB
• 40b Notional derivative and foreign exchange transactions under Part IIIB
• 40c Are you a foreign bank or other qualifying financial entity that has elected out of Part IIIB of the ITAA 1936?
• 40d Did you have amounts denied under section 160ZZZL of the ITAA 1936?

40a Notional amount of interest under Part IIIB

At label B, write the amount of your average quarterly notional borrowings within the meaning of subsection 160ZZZ(1) of the ITAA 1936. This is calculated by adding up your notional borrowings determined under subsection 160ZZZ(1) at the end of each quarter in your income year and dividing that number by 4.

At label C, write the Appendix 13 currency in which the notional amount was taken to be borrowed under section 160ZZZ. If there is more than one currency, write the main currency of the notional borrowings.

At label D, write the amount of interest taken to be paid under section 160ZZZA of the ITAA 1936 (capped at LIBOR). If you are an offshore banking unit (OBU), do not include any amounts attributable to offshore banking (OB) activities under Division 9A of Part III of ITAA 1936.

At label E, write the amount of interest taken to be paid under section 160ZZZA of the ITAA 1936 attributable to OB activities under Division 9A of Part III of ITAA 1936 (if you are an OBU).

At label F, write the amount of withholding tax you paid on the interest amount taken to be paid under section 160ZZZA of the ITAA 1936 (capped at LIBOR). Interest withholding tax is payable under section 160ZZZJ of the ITAA 1936 on 50% of the amount of interest taken to be paid under section 160ZZZA.

40b Notional derivative and foreign exchange transactions under Part IIIB

At label G, write the notional amount taken to be paid under subsection 160ZZZE of the ITAA 1936.

At label H, write the notional amount taken to be received under subsection 160ZZZE of the ITAA 1936.

At label I, write the notional amount taken to be paid under subsection 160ZZZF of the ITAA 1936.

At label J, write the notional amount taken to be received under subsection 160ZZZF of the ITAA 1936.

Do not show any amounts taken to be paid under section 160ZZZE or section 160ZZZF at question 18d – labels I and J.

40c Are you a foreign bank or other qualifying financial entity that has elected out of Part IIIB of the ITAA 1936?

If you are a foreign bank or other qualifying financial entity which has elected out of Part IIIB of the ITAA 1936, answer Yes at question 40c – label K and complete labels L to P.

At label L, write the amount of your average quarterly notional borrowings within the meaning of subsection 160ZZZ(1) of the ITAA 1936. This is calculated by adding up your notional borrowings determined under subsection 160ZZZ(1) at the end of each quarter in your income year and dividing that number by 4.

At label M, write the Appendix 13 currency in which the notional amount was taken to be borrowed under section 160ZZZ. If there is more than one currency, write the main currency of the notional borrowings.

At label N, write the amount of interest taken to be paid under section 160ZZZA of the ITAA 1936 (capped at LIBOR). If you are an offshore banking unit (OBU), do not include any amounts attributable to OB activities under Division 9A of Part III of ITAA 1936.

At label O, write the amount of interest taken to be paid under section 160ZZZA of the ITAA 1936 attributable to OB activities under Division 9A of Part III of ITAA 1936 (if you are an OBU).

At label P, write the amount of withholding tax you paid on the interest amount taken to be paid under section 160ZZZA of the ITAA 1936 (capped at LIBOR).

Interest withholding tax is payable under section 160ZZZJ of the ITAA 1936 on 50% of the amount of interest taken to be paid under section 160ZZZA.

40d Did you have amounts denied under section 160ZZZL of the ITAA 1936?

If you have any deductions not allowable under subsection 160ZZZL(1) of the ITAA 1936, answer Yes at question 40d label Q and complete question 40d – label R.

At label R, write the amount not allowable as a deduction under subsection 160ZZZL(2) of the ITAA 1936. Where there is an adjustment under 160ZZZN of the ITAA 1936 the amount disclosed at label R is reduced by the amount deducted under subsection 160ZZZN(2) of the ITAA 1936.

Question 41 Offshore banking unit (OBU) or head company of a consolidated group that included an OBU

If you are an OBU, what you show at this question helps in assessing your level of compliance with the OBU tax provisions.

To complete this question, undertake the following steps:

• For each OB activity type listed in the schedule work out the (gross) amount of your assessable OB income in accordance with sections 121EDA and 121EE of the ITAA 1936.
• Calculate your net OB income or loss in accordance with sections 121EDA, 121EE and 121EF of the ITAA 1936 for each OB activity type listed in the schedule (by subtracting exclusive OB deductions for the OB activity type from the assessable OB income for the activity).
• Identify your OB activities undertaken with related parties.
• Calculate the (gross) amount of your assessable OB income, within the meaning of sections 121EDA and 121EE of the ITAA 1936, for the OB activities you have undertaken with related parties.
• Work out the amount of your general OB deduction and apportionable OB deductions for 2022–23 in accordance with section 121EF of the ITAA 1936.
• Work out the amount of your eligible fraction of foreign income tax you claimed as a foreign tax offset under Division 770 of the ITAA 1997.

Tax and Superannuation Laws Amendment (2015 Measures No. 1) Bill 2015 External Linkreceived royal assent on 25 June 2015. The amendments to the OBU regime apply in relation to income years starting on or after 1 July 2015.

The amendments include:

• changing the method of allocating general expenses between the taxpayer’s domestic banking unit and the OBU
• expanding the list of eligible OB activities (for example, by including offshore leasing arrangements).

If you were an OBU or the head company of a consolidated group that includes an OBU, answer Yes at question 41 – label A and complete the following for 2022–23:

At questions 41a to 41i and 41o – label B, write the amount of your assessable OB income determined in accordance with sections 121EDA and 121EE of the ITAA 1936, for each specified OB activity type.

At question 41m – label B, write the sum of the amounts you have written at questions 41a to 41i and 41o. The amount you have written at question 41m – label B should be the amount of your total assessable OB income determined under sections 121EDA and 121EE of the ITAA 1936.

If the amount at any of these labels is a loss, write L in the box at the right of the amount.

• At questions 41a to 41i and 41o – label C, write the amount of your net OB income or loss for each specified OB activity type. Calculate by subtracting the amount of your exclusive OB deductions (within the meaning of subsection 121EF(3) of the ITAA 1936) for the OB activity type, from the amount of assessable OB income which you have written at questions 41a to 41i and 41o – label B for that activity type. If this amount is a net loss, write L in the box at the right of the amount.
• At question 41j – label C, write the sum of the amount of your general OB deduction and the amount of your apportionable OB deductions determined under section 121EF of the ITAA 1936 for all your OB activities.
• At question 41m – label C, write the sum of the amounts you have written at questions 41a to 41i and 41o – label C, less the sum of the amount of your general OB deduction and apportionable OB deductions you have written at question 41j – label C. If this amount is a net loss, write L in the box at the right of the amount. The amount you have written at question 41m – label C should be the amount of your total assessable OB income, subject to subsection 121EG(1) of the ITAA 1936 less allowable OB deductions, subject to subsection 121EG(2) of the ITAA 1936. If this amount is a net loss, write L in the box at the right of the amount.

For the purposes of providing information at label D (Assessable OB income from related parties), treat related party as having the same meaning as it has in determining whether you have international related party dealings.

• At questions 41a to 41i and 41o – label D, write the amount of your assessable OB income determined in accordance with sections 121EDA and 121EE of the ITAA 1936, for each specified OB activity type for OB activities undertaken with related parties.
• At question 41m – label D, write the sum of the amounts you have written at questions 41a to 41i and 41o – label D. The amount you write at label D question 41m should be the amount of your total assessable OB income determined under sections 121EDA and 121EE of the ITAA 1936 for all your OB activities undertaken with related parties.
• At question 41n – label E, write the eligible fraction of foreign income tax on OB income you claimed under Division 770 of the ITAA 1936.

The foreign income tax paid on the offshore banking income of an OBU is taken to be one-third (the current offshore banking eligible fraction) of the amount of foreign income tax actually paid (see subsection 121EG(3A) of the ITAA 1936).

On 13 September 2021, the Amending Australia's Offshore Banking Unit (OBU) Regime became law. For more information see Changes to Australia's Offshore Banking Unit Regime.

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