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Foreign investment funds guide 2008-09

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Interests in a FIF or a FLP subject to the FIF measures

The FIF measures apply to your interest in a FIF for the FIF’s notional accounting period that ended in your income year if:

  • you had an interest in a FIF at the end of the income year, and
  • you were a resident of Australia at any time in that income year. [subsection 485(3)]

The measures do not apply to an interest in a FIF that you dispose of on or before 30 June of that income year. However, you may be subject to other Australian tax on the interest in the FIF – for example, capital gains tax.

The FIF measures apply to your interest in a FLP for the FLP’s notional accounting period that ended in your income year if you:

  • had an interest in a FLP at any time during that year, and
  • you were a resident of Australia at any time in that year. [subsection 485(4)]

The FIF measures will not apply to a dual resident of Australia and another country where Australia has agreed, in a tax treaty, to treat that resident solely as a resident of the other country.

Sections within Chapter 2: Key concepts of the FIF measures

Last Modified: Monday, 7 September 2009

Table of contents
Our commitment to you
Foreign investment funds guide 2009
Chapter 1: Introduction
Chapter 2: Key concepts of the FIF measures
Chapter 3: Exemptions
Chapter 4: Methods of FIF taxation
Calculation method using the CFC rules
Chapter 5: Foreign life assurance policies
Chapter 6: Avoiding double taxation
Chapter 7: Record keeping
Chapter 8: Taxation of non-resident trusts
Chapter 9: Consolidation (consolidated income tax treatment for groups of entities)
Appendices
Worksheets
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