23 Other assessable foreign source income
This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.
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Complete a losses schedule if the trust:
- has an interest in a controlled foreign company (CFC) that has current year losses greater than $100,000
- has an interest in a CFC that has deducted or carried forward a loss to later income years greater than $100,000.
If the trust received assessable dividends directly or indirectly from a New Zealand franking company, the dividends (including any supplementary dividends) must be declared as assessable foreign income even if dividend withholding tax was deducted in New Zealand.
The individual beneficiaries of the trust may be able to claim a foreign income tax offset for any New Zealand dividend withholding tax paid on the dividend, see the Foreign income return form guide 2015 to work out whether the dividend assessable income.
If the dividend from a New Zealand franking company is assessable income, then the amount of the Australian franking credit attached to the dividend is also assessable income. Subject to satisfying certain qualifying criteria, the beneficiaries or trustee may be entitled to a share of the benefit of Australian franking credit attached to the franked dividend, for more information, see appendix 1.
The dividend may include an amount of New Zealand imputation credits. Australian residents cannot claim any amounts of New Zealand imputation credits.
Gross foreign source income
Show at B the gross amount of assessable income derived from foreign sources, including amounts distributed from partnerships and other trusts as well as New Zealand franking company dividends and supplementary dividends. Include any foreign tax paid on that income.
Do not include at B:
- any income which is exempt from tax in Australia or treated as non-assessable non-exempt income under sections 23AI and 23AK of the ITAA 1936
- any amount of New Zealand imputation credits
- any amount of Australian franking credits attached to dividends from a New Zealand franking company; show these at D
- income already shown at item 22 Attributed foreign income
- any foreign source capital gains or capital losses.
Include foreign source capital gains or capital losses when calculating the amount at item 21 Capital gains.
In referring to foreign source capital gains, an Australian resident trust makes a capital gain if a CGT event happens to any of their overseas CGT assets.
Broadly, a trust that is not an Australian resident makes a capital gain only if the CGT asset is taxable Australian property just before the CGT event happens.
If the TOFA rules apply to the trust, include 'gross foreign source income' from financial arrangements subject to the TOFA rules at B.
If what you show at B includes an amount which is brought to account under the TOFA rules, also complete item 31 Taxation of financial arrangements (TOFA).
Net foreign source income
Show at V the net income derived from foreign sources.
The amount at V is the gross amount shown at B, less any deductions allowable to the trust against that income. Debt deductions (such as interest and borrowing costs) that relate to assessable foreign source income and that are not attributable to an overseas permanent establishment of the taxpayer are not applied against assessable foreign source income for the purpose of calculating net foreign income or identifying a foreign loss. Do not claim these amounts here, include them at item 18 Other deductions.
If the amount at V is negative, print L in the box at the right of the amount.
If what you show at V includes an amount which is brought to account under the TOFA rules, also complete item 31 Taxation of financial arrangements (TOFA).
The trust combines both foreign and domestic deductions. Where the combined deductions exceed net exempt income and assessable income, the excess is a tax loss. This tax loss can be carried forward and applied in a future income year, against, firstly, net exempt income; and, secondly, the excess of assessable income over deductions (except tax losses).
Under the trust loss provisions of Schedule 2F to the ITAA 1936, certain rules have to be satisfied by a trust before it can use prior-year unrecouped foreign losses. For more information, see Losses.
Foreign income tax offsets
Show at Z the amount of any foreign income tax paid by the trust on foreign source income it derives.
If foreign income tax has actually been paid by the trust, then the beneficiaries may be able to claim a foreign income tax offset in their individual tax returns.
The S trust estate derives rental income from commercial property investments in a foreign country, on which the trustee pays foreign income tax. Samantha, an Australian resident, is the sole beneficiary of the S trust estate and is presently entitled to all of its income. As such, she is assessed on the whole of the trust’s net income. Although Samantha hasn’t directly paid the foreign income tax, she is deemed to have paid it.
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Australian franking credits from a New Zealand franking company
Show at D the amount of Australian franking credits that are included in the net income of the trust because of franked dividends received from a New Zealand franking company directly or indirectly through a partnership or other trust.
The amount shown at D is not necessarily the total amount that the trustee or beneficiaries can claim, see appendix 1.
Last modified: 12 Feb 2019QC 44346