Your entitlement to a franking tax offset may be affected by:
- the holding period rule
- the related payments rule
- the dividend washing integrity rule.
The holding period rule and the related payments rule prevent you from claiming the franking credit even if a dividend is accompanied by a dividend statement advising that there is a franking credit attached to the dividend.
Your entitlement to a franking tax offset can also be affected if:
- you, or your company, undertake a dividend streaming or stripping arrangement, or
- you enter into a scheme to get franking credits (referred to as franking credit trading).
Holding period rule
The holding period rule requires you to continuously hold shares ‘at risk’ for at least 45 days (90 days for certain preference shares) to be eligible for the franking tax offset. However, under the small shareholder exemption this rule does not apply if your total franking credit entitlement is below $5,000, which is roughly equivalent to receiving a fully franked dividend of $11,666 (based on the current tax rate of 30% for companies).
This means that you must continuously own shares ‘at risk’ for at least 45 days (90 days for certain preference shares) not counting the day of acquisition or disposal, to be eligible for any franking tax offset.
Days on which you have 30% or less of the ordinary financial risks of loss and opportunities for gain from owning the shares cannot be counted in determining whether you hold the shares for the required period.
The financial risk of owning shares may be reduced through arrangements such as hedges, options and futures.
If you acquire shares or an interest in shares and you have not already satisfied the holding period rule before the day on which the shares become ex-dividend, the holding period rule commences on the day after the day on which you acquired the shares or interest. The shares become ex-dividend on the day after the last day on which acquisition of the shares will entitle you to receive the dividend. You must hold the shares or interest for 45 days (90 days for certain preference shares) excluding the day of disposal. For each of these days you must have 30% or more of the ordinary financial risks of loss and opportunities for gain from owning the shares or interest.
You have to satisfy the holding period rule once only for each purchase of shares. You are then entitled to the franking credits attached to those shares, unless the related payments rule applies.
Example 6: Franking credits entitlement greater than $5,000
Matthew acquired a single parcel of shares on 1 March 2014. On 8 April 2014 Matthew received fully franked dividends on $13,066 (which included franking credits of $5,600) for the 2013–14 income year. On 10 April 2014 Matthew sold that parcel of shares. Because he had not held the shares for at least 45 days and did not qualify for the small shareholder exemption, he failed the holding period test and cannot obtain the benefit of the franking credits.
Matthew would show a dividend of $13,066 as a franked amount at T item 11 on his 2014 tax return but would not show the amount of franking credits at U.
He would not receive a franking tax offset in his assessment. That is, he is not entitled to any part of the $5,600 franking credits.
End of exampleFor the purpose of the holding period rule, if a shareholder purchases substantially identical shares in a company over a period of time, the holding period rule uses the ‘last in first out’ method to identify which shares will pass the holding period rule.
Example 7: Substantially identical shares
Jessica has held 10,000 shares in Mimosa Pty Ltd for 12 months. She purchased an additional 4,000 shares in Mimosa Pty Ltd 10 days before they became ex-dividend (the day after the last day on which acquisition of the shares will entitle you to receive a dividend) and then sold 4,000 shares 20 days after Mimosa Pty Ltd shares became ex-dividend. Her total franking credit entitlement for the income year was more than $5,000. The shares she sold are deemed to have been held for less than 45 days, based on the last in first out method. Jessica would not be entitled to the franking credits on the 4,000 shares sold.
End of exampleRelated payments rule
In certain circumstances, the related payments rule prevents you from claiming the franking credits attached to franked dividends or credited on shares if a related payment is made. This rule applies if both of the following conditions are present:
- you or an associate are under an obligation to pass on the benefit of the franked dividend to someone else, and
- you are not holding the shares ‘at risk’ around the dividend period.
Under the related payments rule you must be a ‘qualified person’ for the payment of each dividend or distribution.
To be a ‘qualified person’ in relation to a dividend or distribution, you must hold the relevant shares or interest ‘at risk’ for the relevant qualification period of 45 days, (90 days for certain preference shares).
Being a ‘qualified’ person for the payment of current dividends or distributions does not mean that you are automatically a ‘qualified’ person for future dividends or distributions if you or an associate are under an obligation to pass on those dividends or distributions to someone else. That is, the related payments rule must be satisfied for all subsequent dividends and distributions.
Disclosure on your tax return (all years)
If you are not entitled to a franking tax offset, show on your tax return the amount of franked dividend received at T Franked amount item 11. Do not show the amount of any franking credit at U Franking credit item 11.
Application of the rules to interests in partnerships and trusts
If you have interests in partnerships or trusts (other than widely held trusts) which hold shares, the holding period rule and the related payments rule apply to your interests in the shares held by the partnership or trust in the same way that the rules apply to shares you own directly. Therefore, the partner or beneficiary has to hold their interest in the shares held by the partnership or trust ‘at risk’ for the required period. The related payments rule will apply if they are not holding their interest in the partnership or trust ‘at risk’ and they have an obligation to pass on their share of net income of the partnership or trust which is attributable to the franked dividend.
If you have interests in a widely held trust, the holding period rule and related payments rule apply to your interest in the trust (rather than in the shares held by the trust).
Dividend washing integrity rule
The dividend washing integrity rule prevents you from claiming franking credits where you have received a dividend as a result of dividend washing.
Dividend washing occurs where you, or an entity connected to you, claim two sets of franking credits by:
- selling shares that are held on the Australian Securities Exchange (ASX) and have become ‘ex-dividend’, and then
- purchasing some substantially identical shares using a special ASX trading market.
When the dividend washing integrity rule applies, you are not entitled to claim the franking credits for the second dividend. However, if your interest in the second parcel of shares exceeds the interest in the first parcel, you may be entitled to claim a portion of the franking credits for the additional shares. See ato.gov.au/dividendwashing for more information.
The dividend washing integrity rule does not apply if you:
- are an individual, and
- received no more than $5,000 in franking credits during 2013–14.
However, the dividend washing integrity rule applies where dividends flow indirectly to you through your interest in a trust or partnership.