Income Tax Assessment Act 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 768 - Foreign non-assessable income and gains  

Subdivision 768-G - Reduction in capital gains and losses arising from CGT events in relation to certain voting interests in active foreign companies  

Active foreign business asset percentage

SECTION 768-525   Book value method - choice made under subsection 768-515(2)  

768-525(1)    
The active foreign business asset percentage of the foreign company in relation to the holding company, at the time of the CGT event, is worked out under this section in this way. Method statement

Note:

If the foreign company is a member of a wholly-owned group, section 768-535 may modify the way in which this section operates.

768-525(2)    
The foreign company ' s average value of total assets at the time of the CGT event is worked out in this way. Method statement

768-525(3)    
The foreign company ' s average value of active foreign business assets at that time is worked out in this way. Method statement

Note:

If the foreign company is a foreign life insurance company or a foreign general insurance company, the results of steps 1 and 2 are modified under section 768-530 .

768-525(4)    
If an *active foreign business asset of the foreign company is a *share in another company (the subsidiary company ) that is a foreign resident, then, for the purposes of steps 1 and 2 of the method statement in subsection (3), treat the value of the share at a particular time according to the following table.

Value of a share in subsidiary company
Item	If:	treat the value of the share as:
1	(a) the foreign company has a *direct voting percentage of 10% or more in the subsidiary company at that time; and (b) the holding company has a *total voting percentage of 10% or more in the subsidiary company at that time	the *share ' s value (see subsection (5)) at that time, multiplied by the *active foreign business asset percentage of the subsidiary company in relation to the holding company at that time
2	item 1 does not apply	zero

Note:

For the purposes of item 1 of the table, it is necessary to work out the active foreign business asset percentage of the subsidiary company before working out the active foreign business asset percentage of the foreign company.

768-525(5)    
For the purposes of this section, the value of an asset of a foreign company at the end of a period is taken to be:

(a) the value of the asset as shown in the *recognised company accounts of the foreign company for that period; or

(b) if the value of the asset is not shown in the recognised company accounts of the foreign company for that period - zero.

768-525(6)    
The result of:

(a) step 2 of the method statement in subsection (2); and

(b) step 2 of the method statement in subsection (3);

is taken to be zero if the foreign company does not have *recognised company accounts for a period mentioned in those steps.

Note:

This will only be the case if the foreign company was not in existence before the start of the period mentioned in step 1 of those method statements (see paragraph 768-510(3)(c) ).