Tax Laws Amendment (2004 Measures No. 2) Act 2004 (83 of 2004)
Schedule 10 Franked distributions received through certain partnerships and trustees
Part 3 Amendments commencing on 30 June 2003
Income Tax Assessment Act 1997
35 Subsections 220-400(4) and (5)
Repeal the subsections, substitute:
What happens if certain provisions apply
(4) Subsections (2) and (3) do not apply to the recipient in relation to the *franked distribution if one or more of the following provisions also apply to the recipient in relation to the distribution:
(a) subsection 207-90(1);
(b) subsection 207-90(2);
(c) subsection 207-145(1);
(d) subsection 207-145(2).
(5) If subsection 207-90(2) or 207-145(2) would also apply to the recipient in relation to the *franked distribution, apply that subsection on the basis that:
(a) the amount of the *franking credit on the distribution;
had been reduced by:
(b) so much of the supplementary dividend as does not exceed that amount of the franking credit.
Relationship with sections 207-20, 207-90 and 207-145
(6) Sections 207-20, 207-90 and 207-145 have effect subject to this section.