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  • Summary of how the foreign investment funds legislation could affect you

    Attention

    Warning:

    This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.

    End of attention
    1. Did you have interests in a foreign company, a foreign trust or a foreign life policy? Read chapter 2 and chapter 5 of this guide.

    Yes

    Go to question 2

    No

    The FIF measures do not apply to you.

    1. If you were a resident at any time during the year of income did you:
      • Have an interest in a foreign investment fund (FIF) at the end of the income year, or
      • Have an interest in a foreign life policy (FLP) at any time during the income year?
       

    Read chapter 2 and chapter 5 of this guide

    Yes

    Go to question 3

    No

    The FIF measures do not apply to you.

    1. Does an exemption apply to your interest in a FIF or FLP? Read chapter 3 of this guide.

    Yes

    Do not include any amount in your assessable income from the interests in that FIF.

    Read chapter 8 of this guide to work out the records you need to keep.

    No

    See Determining the amount of foreign investment fund income to include in your assessable income.

    Determining the amount of foreign investment fund income to include in your assessable income

    There are three methods for working out taxation for an interest in a FIF and two methods for an interest in a FLP, depending on your access to certain information on the FIF or FLP.

    Interest in a FIF - read chapter 4 of this guide

    • The majority of taxpayers liable to tax under the FIF measures will use the market value method.
    • Use the deemed rate of return method if you are unable to establish a market value for your FIF interest and you have not elected to use the calculation method.
    • Use the calculation method if you have access to the financial accounts of the FIF and you are able to determine your choice of the FIF's calculated profit or calculated loss.

    Interest in a FLP - read chapter 5 of this guide

    If you have invested in a foreign life policy, you can use:

    Abbreviations

    ATO

    Australian Taxation Office

    CFC

    controlled foreign company

    CFT

    controlled foreign trust

    FIF

    foreign investment fund

    FLP

    foreign life assurance policy

    The Act

    Income Tax Assessment Act 1936

    Last modified: 08 Jun 2005QC 27386