Taxation Laws Amendment Act (No. 3) 1998 (47 of 1998)
Schedule 8 Distributions from private companies
Part 1 Income Tax Assessment Act 1936
5 After section 160AQCNB
Insert:
160AQCNC Franking debits for private company distributions treated as dividends
Creation of class A franking debit
(1) If a private company is a life assurance company and is taken under Division 7A of Part III to have paid a dividend at the end of the company's year of income, there arises on the last day of the year of income a class A franking debit of the company equal to the amount (if any) worked out under subsection (2).
Note: Division 7A of Part III treats a private company as having paid a dividend if it pays or lends an amount to a shareholder or shareholder's associate, or forgives the debt of a shareholder or shareholder's associate.
Amount of class A franking debit
(2) The amount is the class A required franking amount worked out under subsection 160AQDB(1) for a dividend equal to the amount taken to have been paid as a dividend. (For this purpose, assume the dividend was paid on the last day of the company's year of income.)
Creation of class C franking debit
(3) If a private company is taken under Division 7A of Part III to have paid a dividend at the end of the company's year of income, there arises on the last day of the year of income a class C franking debit of the company equal to the amount (if any) worked out under subsection (4).
Amount of class C franking debit
(4) The amount is the class C required franking amount worked out under subsection 160AQDB(4) for a dividend equal to the amount taken to have been paid as a dividend. (For this purpose, assume the dividend was paid on the last day of the company's year of income.)
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