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Share capital account tainting

How share capital tainting rules prevent companies from transferring profits to distribute to shareholders.

Last updated 30 November 2016

The share capital account tainting rules are designed to prevent a company from transferring profits into a share capital account and then distributing these amounts to shareholders disguised as a non-assessable capital distribution.

If a company's share capital account is tainted:

  • a franking debit arises in the company's franking account at the end of the franking period in which the transfer occurs
  • any distribution from the account is taxed as an unfranked dividend in the hands of the shareholder
  • the account is generally not taken to be a share capital account for the purposes of the Income Tax Assessment Act 1936 and Income Tax Assessment Act 1997.

A company's share capital account remains tainted until the company chooses to untaint the account. The choice to untaint a company's share capital account can be made at any time, but once the choice is made it cannot be revoked.

See also

QC47316