PART X
-
ATTRIBUTION OF INCOME IN RESPECT OF CONTROLLED FOREIGN COMPANIES
History
Pt X inserted by No 5 of 1991.
Division 7
-
Calculation of attributable income of CFC
Subdivision B
-
General modifications of Australian tax law
SECTION 404
APPLICATION OF SUBDIVISION 768-A OF THE
INCOME TAX ASSESSMENT ACT 1997
404(1)
For the purpose of applying Subdivision
768-A
of the
Income Tax Assessment Act 1997
(about returns on foreign investment) in calculating the attributable income of the eligible CFC, disregard section
389A
of this Act (which is about disregarding Division
974
of the
Income Tax Assessment Act 1997
and certain other provisions).
History
S 404(1) amended by No 84 of 2018, s 3 and Sch 2 item 4, by inserting
"
(1)
"
before
"
For
"
, 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.
404(2)
For the purpose of applying this Act in calculating the attributable income of the eligible CFC, disregard paragraph
768-5(1)(d)
of the
Income Tax Assessment Act 1997
if:
(a)
the eligible CFC receives, either directly or indirectly through one or more interposed trusts or partnerships, a foreign equity distribution (within the meaning of the
Income Tax Assessment Act 1997
) from a company; and
(b)
at the time the distribution is made, both the eligible CFC and the company are residents of the same listed country or unlisted country.
History
S 404(2) inserted by No 84 of 2018, s 3 and Sch 2 item 5, 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.
History
S 404 substituted by No 110 of 2014, s 3 and Sch 2 item 6, applicable to distributions and non-share dividends made after 16 October 2014. S 404 formerly read:
SECTION 404 ADDITIONAL NOTIONAL EXEMPT INCOME
-
LISTED OR SECTION 404 COUNTRY CFC
404
Where the eligible CFC is a resident of a listed country or a section 404 country at the end of the eligible period, a dividend paid to it in the eligible period by a company that is a resident of a listed country or a section 404 country is notional exempt income.
S 404 amended by No 96 of 2004 and inserted by No 5 of 1991.