CHAPTER 4
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INTERNATIONAL ASPECTS OF INCOME TAX
History
Chapter 4 inserted by No 162 of 2001.
PART 4-5
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GENERAL
History
Part 4-5 inserted by No 162 of 2001.
Division 768
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Foreign non-assessable income and gains
History
Div 768 heading substituted by No 110 of 2014, s 3 and Sch 2 item 3, applicable to distributions and non-share dividends made after 16 October 2014. Div 768 heading formerly read:
Division 768
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Exempt foreign income and gains
Div 768 inserted by No 96 of 2004.
Subdivision 768-A
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Returns on foreign investment
History
Subdiv 768-A inserted by No 110 of 2014.
Foreign equity distributions on participation interests
SECTION 768-7
Foreign equity distributions entitled to a foreign income tax deduction
768-7(1)
This section applies to a *foreign equity distribution if:
(a)
all or part of the distribution gives rise to a *foreign income tax deduction; and
(b)
the exception in subsection (2) does not apply to the distribution.
Exception for foreign corporate collective investment vehicles
768-7(2)
This subsection applies to a *foreign equity distribution if:
(a)
the *foreign income tax deduction arises because the company that made the distribution is recognised under the law of the foreign country in which the deduction arises as being used for collective investment; and
(b)
*foreign income tax or a withholding-type tax was payable in respect of the distribution.
History
S 768-7 inserted by No 84 of 2018, s 3 and Sch 2 item 8, effective 1 October 2018 and applicable in relation to foreign equity distributions made on or after 1 January 2019. No 84 of 2018, s 3 and Sch 2 item 9(3) provides that the amendments in this Schedule do not apply unless the foreign income tax deduction to which all or part of the distribution or foreign equity distribution gives rise arises in a foreign tax period ending on or after 1 January 2019.