PART III
-
LIABILITY TO TAXATION
Division 9A
-
Offshore banking units
History
Div 9A inserted by No 191 of 1992. Former Div 9A (Friendly Society Dispensaries) repealed by No 154 of 1981.
Subdivision A
-
Object and simplified outline
SECTION 121B
SIMPLIFIED OUTLINE
121B(1)
Scope of section.
The following is a simplified outline of the Division.
121B(2)
Main concepts.
Subdivision
B
sets out the concepts used in the Division, the most important being:
(a)
OB activity
(sections
121D
,
121EA
and
121EAA
) together with the related definition of
offshore person
(section
121E
); and
(b)
special income and allowable deduction definitions relating to OB activities (sections
121EDA
to
121EF
).
History
S 121B(2) amended by No 70 of 2015, s 3 and Sch 3 item 9, by substituting para (b), applicable in relation to years of income starting on or after 1 July 2015. Para (b) formerly read:
(b)
special assessable income and allowable deduction definitions relating to OB activities (sections
121EE
and
121EF
).
S 121B(2) amended by No 70 of 2015, s 3 and Sch 3 item 3, by substituting para (a), applicable in relation to a thing an OBU does on or after 1 July 2015. Para (a) formerly read:
(a)
OB activity
(section
121D
) together with the related definition of
offshore person
(section
121E
) and the
OBU requirement
in section
121EA
; and
121B(3)
Operative provisions.
Subdivision
C
contains the operative provisions. Basically, they provide as follows:
(a)
(Repealed by No 110 of 2021)
(b)
(Repealed by No 110 of 2021)
(c)
(Repealed by
No 143 of 2007
)
(d)
income from OB activities is taken to be Australian sourced;
(e)
a deemed interest penalty applies to equity provided by an OBU's resident owner;
(f)
income of OBU offshore investment trusts is exempt from tax;
(g)
income derived by overseas charitable institutions from OBUs is exempt from tax;
(h)
certain adjustments are made to the capital gains and losses that flow from disposals of certain interests in trusts of which an OBU is the trustee.
History
S 121B(3) amended by No 110 of 2021, s 3 and Sch 2 item 2, by repealing para (a) and (b), effective 1 October 2021 and applicable in relation to assessments for the 2023-24 year of income and later years of income. Para (a) and (b) formerly read:
(a)
an OBU's income from OB activities is taxed at only 10%;
(b)
there is a loss of the concession where there is excessive use of non-OB money;
S 121B(3) amended by
No 143 of 2007
, s 3 and Sch 1 items 55 and 56, by repealing para (c) and omitting
"
unless it is taken to have a foreign source because it has been subject to foreign tax
"
after
"
Australian sourced
"
in para (d), applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007. For savings provisions, see note under s
559A
. Para (c) formerly read:
(c)
a deduction is allowable for foreign tax on amounts derived from OB activities (unless a foreign tax credit under Division
18
is obtained);
S 121B(3) amended by No 93 of 1999.
S 121B inserted by No 191 of 1992.