Tax Laws Amendment (2007 Measures No. 4) Act 2007 (143 of 2007)
Schedule 1 New foreign income tax offset rules
Part 4 Consequential and other amendments
Income Tax Assessment Act 1997
163 Subdivision 717-A
Repeal the Subdivision, substitute:
Subdivision 717-A - Foreign income tax offsets
717-1 What this Subdivision is about
If an entity becomes a subsidiary member of a consolidated group, the head company receives any tax offsets under section 770-10 that arise because the entity pays foreign income tax while it is a subsidiary member of the group.
Table of sections
Object
717-5 Object of this Subdivision
Foreign income tax on amounts in head company's assessable income
717-10 Head company taken to be liable for subsidiary member's foreign income tax
Object
717-5 Object of this Subdivision
The object of this Subdivision is to allow the *head company of a *consolidated group to get the benefit of *foreign income tax paid in respect of amounts included in the head company's assessable income because another entity is or was a *subsidiary member of the group.
Foreign income tax on amounts in head company's assessable income
717-10 Head company taken to be liable for subsidiary member's foreign income tax
(1) This section operates if:
(a) an entity was a *subsidiary member of a *consolidated group for all or part of an income year; and
(b) an amount was included in the *ordinary income or *statutory income of the *head company of the group for that income year; and
(c) the entity paid *foreign income tax (except *credit absorption tax or *unitary tax) in respect of the amount.
(2) Division 770 operates as if:
(a) the *head company had paid the *foreign income tax; and
(b) the entity had not paid the foreign income tax.
Note: Division 770 provides a tax offset for foreign income tax paid.
(3) This section does not limit the operation of Division 770.
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