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Which entities are affected?

Last updated 7 July 2013

The TOFA rules will apply to you if you are:

  • an authorised deposit-taking institution, securitisation vehicle or financial sector entity with an aggregated annual turnover of $20 million or more
  • a superannuation entity, approved deposit fund, pooled superannuation fund, managed investment scheme or entity with a similar status under foreign law relating to foreign regulation, with assets of $100 million or more
  • any other entity (other than an individual) which satisfies one or more of the following
    • an aggregated turnover of $100 million or more
    • assets of $300 million or more
    • financial assets of $100 million or more.

If you do not meet these requirements you can elect to have the TOFA rules apply to you.

Regardless of whether the TOFA rules would otherwise apply, they apply to all qualifying securities acquired during or after the first income year starting on 1 July 2010 that have a remaining life of more than 12 months after the entity starts to have them.