Income Tax Assessment Act 1997
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Hide history noteSECTION 208-120 Exempting debits 208-120(1)
The following table sets out when a debit arises in the *exempting account of the *former exempting entity. A debit in the *former exempting entity ' s exempting account is called an exempting debit .
| Exempting debits | |||
| Item | If: | A debit of: | Arises: |
| 1 | the entity had a *franking deficit at the time it became a *former exempting entity (at the time of its transition ) | an amount equal to:
(a) in a case not covered by paragraph (b) - the franking deficit; or (b) if the entity has been a former exempting entity at any time within a period of 12 months before its transition - so much of the franking deficit as would have been the entity ' s *exempting deficit had it remained a former exempting entity throughout the period |
immediately after its transition |
| 2 | the entity makes a *distribution *franked with an exempting credit | an amount equal to the *exempting credit on the distribution | on the day on which the distribution is made |
| 3 | the entity *receives a refund of income tax; and
the entity was an *exempting entity during all or part of the income year to which the refund relates; and the entity satisfies the *residency requirement for the income year to which the refund relates |
an amount equal to that part of the refund that is attributable to the period during which the entity is an exempting entity | on the day on which the refund is received |
| 4 | the Commissioner makes a determination under paragraph 204-30(3)(b) giving rise to an *exempting debit for the entity (streaming distributions) | the amount specified in the determination | on the day specified in section 204-35 |
| 5 | a *franking debit arises for the entity under section 204-15 (linked distributions), 204-25 (substituting tax-exempt bonus shares for franked distributions) or a determination made under paragraph 204-30(3)(a) (streaming distributions); and | an amount equal to that part of the franking debit that relates to the period during which the entity was an exempting entity | when the franking debit arises |
| the entity was an *exempting entity for the whole or part of the period to which the franking debit relates | |||
| 6 | the Minister makes a determination under paragraph 208-185(4)(a) giving rise to an *exempting debit for the entity | the amount specified in the determination | on the day specified in the determination |
| 7 | the entity becomes an *exempting entity; and
the entity has an *exempting surplus at the time it becomes an exempting entity |
an amount equal to the exempting surplus | immediately after the entity becomes an exempting entity |
| 8 | the entity *receives a refund of diverted profits tax; and
the entity was an *exempting entity during all or part of the income year to which the refund relates; and the entity satisfies the *residency requirement for the income year to which the refund relates |
an amount equal to that part of the refund that is attributable to the period during which the entity is an exempting entity, multiplied by the proportion worked out under subsection (2) | on the day on which the refund is received |
208-120(2)
The proportion is the standard corporate tax rate (within the meaning of Part IVA of the Income Tax Assessment Act 1936) divided by 40%.
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