INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART IIIAA - FRANKING OF DIVIDENDS  

Division 7B - Tainted share capital accounts  

Subdivision C - Life assurance companies  

SECTION 160ARDW   ELECTION TO UNTAINT SHARE CAPITAL ACCOUNT  

160ARDW(1)   [Election to untaint]  

A company with a tainted share capital account may elect in writing to untaint that account. The election can be made at any time but cannot be revoked.

160ARDW(2)   [Information to be specified]  

The election must specify:


(a) the amount of the class A franking debit to arise under paragraph 160ARDX(a); and


(b) the amount of the class C franking debit to arise under paragraph 160ARDX(b).

160ARDW(3)   Company with only lower tax shareholders.  

For a company with only lower tax shareholders, the sum of the franking debits specified in the election under subsection (2) must equal the tainting amount less the sum of:


(a) the amount of the class A franking debit (if any) that arose under section 160ARDV when the share capital account most recently became tainted; and


(b) if the company subsequently transferred one or more further amounts to its share capital account from any of its other accounts - the amounts of any class A franking debits that arose under section 160ARDV when that further amount or those further amounts were transferred; and


(c) the amount of the class C franking debit (if any) that arose under section 160ARDV when the share capital account most recently became tainted; and


(d) if the company subsequently transferred one or more further amounts to its share capital account from any of its other accounts - the amounts of any class C franking debits that arose under section 160ARDV when that further amount or those further amounts were transferred.

160ARDW(4)   Company with higher tax shareholders.  

The sum of the franking debits that may be specified under subsection (2) must not exceed the tainting amount less the sum of:


(a) the amount of the class A franking debit (if any) that arose under section 160ARDV when the share capital account most recently became tainted; and


(b) if the company subsequently transferred one or more further amounts to its share capital account from any of its other accounts - the amounts of any class A franking debits that arose under section 160ARDV when that further amount or those further amounts were transferred; and


(c) the amount of the class C franking debit (if any) that arose under section 160ARDV when the share capital account most recently became tainted; and


(d) if the company subsequently transferred one or more further amounts to its share capital account from any of its other accounts - the amounts of any class C franking debits that arose under section 160ARDV when that further amount or those further amounts were transferred.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.