• A refund of income tax affecting a franking deficit tax liability

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    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

    An entity is taken to have received an income tax refund for an income year immediately before the end of the income year or immediately before it ceased to be a franking entity if:

    • the refund is paid within three months after the end of the income year or within three months after it ceased to be a franking entity (and it is attributable to a period in the year during which the entity was a franking entity), and
    • the franking account would have been in deficit, or in deficit to a greater extent, at the end of that income year or immediately before it ceased to be a franking entity, had the refund been received during the income year or before the entity ceased to be a franking entity.

    This rule ensures that an entity does not avoid franking deficit tax by deferring the time at which a franking debit occurs in its franking account.

    Some late balancing corporate tax entities may elect to have their franking deficit tax liability determined on 30 June. If a late balancing corporate tax entity makes this election it will be taken to have received an income tax refund immediately before 30 June or immediately before it ceased to be a franking entity if:

    • the refund is received either within three months after 30 June, or within three months immediately after it ceased to be a franking entity, and
    • the refund is attributable to the 12 month period ending on 30 June, or is attributable to a period within that 12 months during which the entity was a franking entity, and
    • the franking account would have been in deficit, or in deficit to a greater extent, at the end of 30 June or immediately before it ceased to be a franking entity, had the refund been received immediately before 30 June, or immediately before it ceased to be a franking entity.

    If you receive a refund of the kind explained above and you are already obliged to lodge (and have not yet lodged) a franking account tax return then you can account for the refund and your other liabilities or obligations in a single return. If you do not account for the refund in that single return, then you need to account for it in a 'further return'. If you do account for the refund in a further return:

    • print X in the yes box at Section A, Is this a subsequent franking account tax return for the income year?, and
    • show the amount of the franking deficit tax attributable to the refund of income tax in Section B, label F-Franking deficit tax attributable to refund. Do not complete label F unless this franking account tax return is a further return. Remember, you must include the amount shown at label F (if any) in the amount at label B.
    Last modified: 18 Sep 2008QC 17477