CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-6
-
THE IMPUTATION SYSTEM
History
Pt 3-6 inserted by No 48 of 2002.
Division 207
-
Effect of receiving a franked distribution
History
Div 207 inserted by No 48 of 2002.
Subdivision 207-E
-
Exceptions to the rules in Subdivision 207-D
History
Subdiv 207-E (heading) substituted by No 83 of 2004.
Subdiv 207-E inserted by No 48 of 2002.
Exempt institutions
SECTION 207-115
Which exempt institutions are eligible for a refund?
207-115(1)
This section sets out the only circumstances in which an entity is an
exempt institution that is eligible for a refund
.
Income tax exempt charities
207-115(2)
An entity is an
exempt institution that is eligible for a refund
if it:
(a)
is covered by item 1.1 of the table in section
50-5
; and
(b)
is endorsed as exempt from income tax under Subdivision
50-B
; and
(c)
satisfies the *residency requirement.
History
S 207-115(2) amended by No 96 of 2013, s 3 and Sch 1 item 35, by omitting
"
or item 4.1 of the table in section 50-20
"
after
"
section 50-5
"
in para (a), effective 1 January 2014.
S 207-115(2) amended by No 169 of 2012, s 3 and Sch 2 item 39, by omitting
"
, 1.5, 1.5A or 1.5B
"
after
"
1.1
"
in para (a), effective 3 December 2012.
S 207-115(2) amended by No 63 of 2005.
Income tax exempt deductible gift recipients
207-115(3)
An entity is an
exempt institution that is eligible for a refund
if it:
(a)
is endorsed under paragraph
30-120(a)
; and
(b)
satisfies the *residency requirement.
Income tax exempt specified deductible gift recipients
207-115(4)
An entity is an
exempt institution that is eligible for a refund
if:
(a)
the entity
'
s name is specified in a table in a section in Subdivision
30-B
; and
(b)
it has an ABN; and
(c)
it satisfies the *residency requirement.
207-115(5)
(Repealed by No 40 of 2023)
History
S 207-115(5) repealed by No 40 of 2023, s 3 and Sch 3 item 19, effective 1 January 2024. For transitional provision, see note under s
30-80(1)
. S 207-115(5) formerly read:
Income tax exempt relief funds
207-115(5)
An entity is an
exempt institution that is eligible for a refund
if:
(a)
a declaration by the Minister is in force in relation to the institution under subsection 30-85(2); and
(b)
the regulations do not provide that the entity is not an exempt institution that is eligible for a refund.
S 207-115(5) amended by No 110 of 2014, s 3 and Sch 5 item 30, by substituting
"
Minister
"
for
"
Treasurer
"
in para (a), effective 16 October 2014. For transitional provisions see note under s
30-80(1)
.
Income tax exempt subsidiaries of the Future Fund Board
207-115(5A)
An entity is an
exempt institution that is eligible for a refund
if it is covered by item 5.4 of the table in section
50-25
.
History
S 207-115(5A) inserted by No 40 of 2023, s 3 and Sch 2 item 2, effective 1 July 2023 and applicable to assessments for the first income year commencing on or after 28 June 2023 and later income years.
Prescribed income tax exempt entities
207-115(6)
An entity is an
exempt institution that is eligible for a refund
if the entity is prescribed as an exempt institution that is eligible for a refund by the regulations.
207-115(7)
This section has effect subject to sections
207-119
to
207-136
.
History
S 207-115(7) inserted by No 23 of 2005.
S 207-115 renumbered from s 207-130 by No 23 of 2005.
Former s 207-110 substituted for s 207-110, 207-115, 207-120 and 207-125 by No 83 of 2004, s 3 and Sch 10 item 11, applicable to events that occur on or after 1 July 2002, subject to the rules on the application of Part 3-6 of the
Income Tax Assessment Act 1997
set out in the
Income Tax (Transitional Provisions) Act 1997
. S 207-115 formerly read:
When a franked distribution flows indirectly through an entity
207-115(1)
This section sets out the only circumstances in which a *franked distribution is taken to
flow indirectly
through an entity in an income year.
207-115(2)
A *franked distribution
flows indirectly
through a *partnership if:
(a)
the distribution is made to the partnership and *flows indirectly to a partner in the partnership; or
(b)
the distribution *flows indirectly to the partnership and to a partner in the partnership.
207-115(3)
A *franked distribution
flows indirectly
through a trustee of a trust if the distribution is made to the trustee and *flows indirectly to:
(a)
a beneficiary of the trust, under subsection
207-35(3)
; or
(b)
the trustee, under subsection
207-35(4)
.
207-115(4)
A *franked distribution
flows indirectly
through a trustee of a trust if:
(a)
the distribution *flows indirectly to the trustee because the trustee is either:
(i)
a beneficiary of another trust; or
(ii)
a partner in a partnership; and
(b)
the distribution flows indirectly:
(i)
to a beneficiary of the trust, under subsection
207-35(3)
; or
(ii)
to the trustee, under subsection
207-35(4)
.
Former s 207-115 inserted by No 48 of 2002.
[
CCH Note:
S 207-115(5) will be repealed by No 40 of 2023, s 3 and Sch 3 item 19, effective 1 January 2024. For transitional provision, see note under s
30-80(1)
.]