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Section 2: General modifications to the law

Last updated 13 November 2006

Attributable income is taxable income

Attributable income is a hypothetical amount. It is the amount that would be the taxable income of a CFC, based on certain assumptions. These are explained below.

Assume the CFC is a resident taxpayer

To work out attributable income it must first be assumed that the CFC is both a resident of Australia and a taxpayer for the whole of a statutory accounting period. You can then work out the attributable income in the same way you work out the taxable income of a resident company. Amounts derived by a CFC from all sources will be taken into account because residents are taxable on their worldwide income and gains.

To distinguish the calculation of attributable income from a 'real' calculation of taxable income, the amounts used to work out attributable income are called notional amounts. Thus, attributable income is the amount by which the notional assessable income is greater than notional allowable deductions. Income that is not notional assessable income is notional exempt income.

The assumption that a CFC is a resident of Australia does not change the nature of the activities of the CFC - that is, events that occur in a foreign country will not be taken to have occurred in Australia.

Modifications in working out the attributable income of a CFC

In applying the Act to work out a CFC's hypothetical taxable income, you will need to read the Act as if certain modifications (dealt with later in this chapter) have been made to it.

In some cases, provisions are ignored because the application is not appropriate. In other cases, provisions have been replaced with similar provisions that are tailored to the way the attributable income is worked out.

In addition, provisions have been included that are not comparable to other provisions of the Act. These modifications are explained later in this part.

Some provisions of the Act clearly cannot apply when working out attributable income - for example, Part IV, which deals with the making of returns or assessments. Although these provisions of the Act are not specifically excluded from the calculation, for practical purposes they have no effect and can be ignored.

Accounting period is the year of income

Taxable income is worked out for a period called an income year. To apply the Act, the statutory accounting period of a CFC is assumed to be an income year. The particular income year referred to in working out attributable income will be the income year of the attributable taxpayer in which the statutory accounting period ends.

Start of example

Example 17

Assume you are working out the amount to be included in assessable income for the year ending 30 June 2003 and the statutory accounting period of the CFC ended on 30 September 2002. The attributable income of the CFC for that statutory accounting period is to be worked out in accordance with the provisions of the Act that applied for the year ended 30 June 2003.

End of example

Work out attributable income separately

You must work out your attributable income for a CFC separately to other attributable taxpayers. Different taxpayers may work out different amounts of attributable income for a CFC - that is, the amount included in assessable income may be different for each attributable taxpayer even if they have the same attribution percentage in the CFC.

There are differences in working out attributable income depending on whether a CFC is a resident of a listed country or unlisted country.

Modifications for an unlisted country

The notional assessable income of a CFC includes only amounts that fall into specified categories. All other amounts are treated as notional exempt income.

The excluded amounts depend on whether the CFC passed or failed the active income test.

What if a CFC fails the active income test?

If a CFC fails the active income test, amounts that would be assessable if the CFC were a resident are included in attributable income to the extent they represent the following:

  • adjusted tainted income derived by the CFC directly
  • adjusted tainted income derived by the CFC indirectly as a partner in a partnership
  • trust amounts arising directly
  • trust amounts arising indirectly because the CFC is a partner in a partnership, or
  • FIF income derived by the CFC directly or indirectly as a partner in a partnership.

What if a CFC passes the active income test?

If a CFC passes the active income test, amounts that would be assessable if the CFC were a resident are included in attributable income to the extent they represent the following:

  • FIF income derived by the CFC directly or indirectly as a partner in a partnership
  • trust amounts arising to the CFC directly, or
  • trust amounts arising to the CFC indirectly because the CFC is a partner in a partnership.

These amounts are explained in section 5 and section 6. Any other income is notional exempt income.

Diagram 1: Amounts taken into account

 

Trust and FIF income derived directly or indirectly via a partnership are always included; tainted income derived directly or indirectly via a partnership is only included if the CFC fails the active income test; other income is not included. Trust and FIF income derived directly or indirectly via a partnership are always included; tainted income derived directly or indirectly via a partnership is only included if the CFC fails the active income test; other income is not included.

 

What is adjusted tainted income?

Adjusted tainted income is based on the definition of tainted income used for the active income test. Broadly, it comprises amounts that are either passive income, tainted sales income or tainted services income.

The main difference in the definition of tainted income for the active income test and the definition for working out attributable income is that net gains are included in determining the active income test whereas the entire consideration on disposal of an asset is included when working out attributable income.

FIF income

The FIF rules apply in working out the attributable income of a CFC because of the assumption that the company is a resident of Australia. However, rules apply to prevent double taxation where a company FIF is also a CFC. These rules provide an exemption from the FIF measures for an interest held by a CFC in a company FIF if a share of the attributable income of the company FIF is included in your assessable income under the CFC measures for:

  • a statutory accounting period coinciding with the notional accounting period of the company FIF for FIF taxation purposes, or
  • statutory accounting periods ending and commencing during the notional accounting period of the company FIF.

For the purposes of the above tests, the Tax Office will accept that a share of the attributable income of a company FIF has been included in your assessable income if no amount was included solely because the company FIF had no attributable income. See Taxation Determination TD 93/167 for further assistance.

Amounts not included

Some amounts that would normally be assessable if derived by a resident company are treated as notional exempt income in working out the attributable income of a CFC. Certain exemptions are also disregarded when working out attributable income. These exemptions have been replaced with similar provisions that are tailored for working out attributable income.

Amounts taxed in Australia

Amounts that have been taxed in full in Australia are not included in notional assessable income. Amounts will be treated as taxed in full if they have been included in a CFC's assessable income - for example, income sourced in Australia from a CFC's branch in Australia would normally be included in the CFC's assessable income in Australia. Amounts that will not be considered fully taxed, although subject to Australian taxation, are:

  • amounts subject to interest or dividend withholding tax
  • certain shipping income, film and video tape royalties and insurance premiums.

Dividends that are franked under the imputation provisions are treated as notional exempt income.

Branch in a listed country

An amount of income or profits derived by a CFC in an unlisted country from carrying on a business through a permanent establishment (for example, a branch) in a listed country is excluded provided the amount is not eligible designated concession income in relation to any listed country.

Exclusion of dividends

Most dividends paid to a CFC by a foreign company are not included in the notional assessable income of the CFC. The only dividends you may need to include for a CFC that is resident in an unlisted country are dividends that are portfolio dividends paid to the CFC (see chapter 3).

Modifications for a listed country

Working out attributable income for a CFC resident in a listed country is similar to working out attributable income for a CFC resident in an unlisted country. However, more exemptions are provided for CFCs in listed countries.

What if a CFC fails the active income test?

If a CFC fails the active income test, amounts that would be assessable if the CFC were a resident are included in attributable income to the extent they represent the following:

  • eligible designated concession income (EDCI) that is adjusted tainted income
  • low-taxed third country income (only where it is of a kind specified in the Regulations)
  • trust amounts arising to the CFC directly that are not subject to tax in a listed country
  • trust amounts arising to the CFC indirectly because the CFC is a partner in a partnership, if the amounts are not subject to tax in a listed country, or
  • FIF income derived directly by the CFC or indirectly as a partner in a partnership.

Any other amounts are notional exempt income.

What if a CFC passes the active income test?

If a CFC passes the active income test, amounts that would be assessable if the CFC were a resident are included in attributable income to the extent they represent the following:

  • low-taxed third country income (only where it is of a kind specified in the Regulations)
  • trust amounts arising to the CFC directly that are not subject to tax in a listed country
  • trust amounts arising to the CFC indirectly because the CFC is a partner in a partnership, provided that the amounts are not subject to tax in a listed country, or
  • FIF income derived by the CFC directly or indirectly as a partner in a partnership.

Any other income is notional exempt income.

Diagram 2: Amounts taken into account

 

Other income is not included; tainted EDCI derived directly or indirectly via a partnership is only included if CFC fails the active income and de minimis tests; low-taxed third country income (of a kind specified in the Regulations) is always included unless the de minimis test is satisfied; trust and FIF income derived directly or indirectly via a partnership is always included - FIF income may be exempt if the de minimis test is satisfied. Other income is not included; tainted EDCI derived directly or indirectly via a partnership is only included if CFC fails the active income and de minimis tests; low-taxed third country income (of a kind specified in the Regulations) is always included unless the de minimis test is satisfied; trust and FIF income derived directly or indirectly via a partnership is always included - FIF income may be exempt if the de minimis test is satisfied.

 

See De minimis exemption in chapter 2 for more information.

Adjusted tainted income

Adjusted tainted income is based on the definition of tainted income used for the active income test. Broadly, it comprises amounts that are either passive income, tainted sales income or tainted services income.

The difference in the definition of tainted income for the active income test and the definition for working out attributable income is that net gains are included in determining the active income test whereas the entire consideration on disposal of an asset is included when working out attributable income.

Low-taxed third country income

The notional assessable income of a CFC in a listed country includes amounts derived from sources outside the CFC's country of residence if the amounts are of a kind specified in the Income Tax Regulations 1936. This rule does not apply to amounts of eligible designated concession income - these amounts may be included if the CFC fails the active income test.

FIF income

The foreign investment fund (FIF) rules apply when working out the attributable income of a CFC because of the assumption that the company is a resident of Australia. However, rules apply to prevent double taxation in instances where a company FIF is also a CFC. These rules provide an exemption from the FIF measures for an interest held by a CFC in a company FIF if a share of the attributable income of the company FIF is included in your assessable income under the CFC measures for:

  • a statutory accounting period coinciding with the notional accounting period of the company FIF for FIF taxation purposes, or
  • statutory accounting periods ending and commencing during the notional accounting period of the company FIF.

For the purposes of the above tests, the Tax Office will accept that a share of the attributable income of a company FIF has been included in the assessable income of an attributable taxpayer if no amount was included solely because the company FIF had no attributable income. See Taxation Determination TD 93/167 for further assistance.

Amounts taxed in Australia

Amounts that have been taxed in full in Australia are not included in notional assessable income. Amounts will be treated as taxed in full if they have been included in a CFC's assessable income. Amounts that will not be considered fully taxed, although subject to Australian taxation, are:

  • amounts subject to Australian interest or dividend withholding tax, and
  • certain shipping income, film and videotape royalties and insurance premiums.

Dividends that have been franked under the imputation provisions are treated as notional exempt income.

Dividends not included

Most dividends paid to a CFC by a foreign company are not included. The only dividends you must include are dividends - other than non-portfolio dividends - paid to the CFC by a company that was a resident of an unlisted country (other than a section 404 country) when the dividends were paid.

These amounts will not be included in notional assessable income if the profits from which the dividends were paid have previously been attributed to you.

Exemption for small amounts

An exemption applies for CFCs in listed countries if the total of:

  • eligible designated concession income
  • low-taxed third country income (of a kind specified in the regulations), and
  • FIF income is not greater than a threshold amount.

There is no similar exemption for a CFC that is a resident of an unlisted country.

Threshold amount

If the CFC has a gross turnover of $1 million or more, the threshold amount is $50,000 - that is, the exemption will only apply if the total of the amounts is $50,000 or less.

If a CFC has a gross turnover of less than $1 million, the threshold amount is 5% of the CFC's gross turnover - that is, the exemption will only apply if the sum of the amounts is less than or equal to 5%.

How does the exemption operate?

If the threshold is not exceeded, a CFC's eligible designated concession income, low-taxed foreign source income and FIF income are not included in the notional assessable income of the CFC. The general anti-avoidance provisions of the Act may apply where attempts are made to split income among a number of CFCs to take advantage of the exemption.

This section explains a number of general modifications to the taxation law which apply when working out the attributable income of a CFC. There are also modifications to:

  • the treatment of gains and losses made by a CFC on the disposal of a capital asset
  • the treatment of losses incurred by a CFC, including the quarantining of deductions, and
  • the treatment of amounts derived through a partnership.

These modifications are dealt with in section 3, section 4 and section 5 of part 3.

Elections to be made by the taxpayer

You can make most elections on behalf of a CFC in working out its attributable income. You must make the elections when you lodge your tax return. The Tax Office may extend the time for making the elections.

Lodgment of elections

In the case of companies and superannuation funds, no notice of the election is to be sent to the Tax Office. Only give notice if a taxation officer requests you to do so.

Exceptions to the rule

An election for rollover relief under the capital gains tax provisions must normally be made by a CFC, although you can make the election for a wholly owned CFC. The rules for making these elections are explained in section 3 of part 3.

Functional currency elections are also an exception to the general rule that allows you to make most elections when working out the attributable income of a CFC - see Choice to use functional currency below.

Foreign currency conversion rules

When calculating attributable income you must convert all amounts into Australian currency. This conversion is done using the conversion rules under the usual operation of the Act. For more information see Translation (conversion) rules.

Choice to use functional currency

You can choose to calculate attributable income in the sole or predominant currency in which the CFC keeps its accounts (ledgers, journals, statements of financial performance etc) provided you are not an Authorised Deposit taking Institution (ADI) or a non-ADI financial institution. This sole or predominant currency is called functional currency.

When calculating attributable income in a functional currency, all amounts that are not in the functional currency (including Australian currency amounts) must be converted into the functional currency. This conversion is done using the conversion rules under the usual operation of the Act. However, when applying these rules, the functional currency is taken not to be foreign currency and all other amounts (including Australian currency) are taken to be foreign currency.

Once you have calculated your attributable income, you then convert that amount into Australian currency.

The choice of functional currency must be in writing but you are not required to notify the Commissioner. You must keep written evidence of the choice for as long as you are required to keep your tax records.

Generally, the choice will apply to the CFC's statutory accounting period immediately following the one in which you make the choice. However, it will apply to the statutory accounting period in which you make the choice where you make the choice within 90 days of the beginning of that statutory accounting period, or by 16 January 2004 (whichever is the later).

The choice to use the functional currency applies until you withdraw it. You can only withdraw a choice where the functional currency has ceased to be the sole or predominant currency in which the CFC keeps its accounts. The withdrawal has effect from immediately after the end of the CFC's statutory accounting period in which the choice is withdrawn. The withdrawal must be in writing and retained with your tax records. You may make a new choice applicable to subsequent statutory accounting periods.

Treatment of foreign and Australian taxes

Deduction for taxes

A notional allowable deduction is available for foreign or Australian tax paid on amounts included in the attributable income of a CFC. An Australian tax is defined to be a withholding or income tax. It does not include additional taxes such as late payment penalties. If the tax is paid in a subsequent year, the earlier year's assessment can be amended subject to the time limits for amendments to allow a deduction for the tax.

Trading stock provisions

Valuation is cost only

In working out attributable income you must value trading stock at cost. The normal rules for determining the cost of trading stock are to apply.

What happens to obsolete stock?

In working out taxable income, a special valuation is allowed for obsolete stock. This valuation is not allowed when working out attributable income.

Depreciation provisions

Basis for depreciation

Generally, the normal depreciation rules apply for working out the attributable income of a CFC. This means you can choose to depreciate assets by the diminishing value method or the prime cost method. In addition, the rates of depreciation that apply for working out taxable income will also apply in working out attributable income.

Start of example

Example 18: Deduction for depreciation

A CFC purchased a depreciable asset on 1 July 2005 and uses it solely for the production of notional assessable income. For the statutory accounting period ended 30 June 2006, depreciation would be worked out as follows using the diminishing value method.

Cost at 1 July 2005

$20,000

Depreciation - 20% × 20,000

$4,000

Written-down value at 30 June 2006

$16,000

Depreciation in 2005–06

$4,000

 

End of example

Apportionment for exempt usage

A notional allowable deduction for depreciation must be reduced if an asset is only partially used for the production of notional assessable income. The normal rules apply in working out the reduction.

Start of example

Example 19: Apportionment of deduction for depreciation

A CFC purchased a depreciable asset on 1 July 2005 and used it for the production of income. For the statutory accounting period ended 30 June 2006, only 50% of the usage was for the production of notional assessable income. Depreciation, using the diminishing value method, would be worked out as follows.

Cost at 1 July 2005

$20,000

20% depreciation to 30 June 2006

$4,000

Written down value at 30 June 2006

$16,000

Depreciation in 2005–06 (50% of $4,000)

$2,000

 

End of example

Asset used in a non-attributable period

Special rules apply for an asset held by a CFC during a period for which it was either:

  • not necessary to work out the attributable income of the CFC, or
  • not necessary to take depreciation on the asset into account in working out the attributable income of the CFC.

In such cases, the depreciation rules apply as if the asset were held solely for the production of notional assessable income during the period.

Start of example

Example 20: Deduction for depreciation in non-attributable period

A CFC purchased a depreciable asset on 1 July 2003 and used it for the production of income. It was not necessary to work out the attributable income of the CFC for the period ending 30 June 2004. For the statutory accounting period ended 30 June 2005, only 50% of the usage was for the production of notional assessable income. In working out the depreciation for the 2004-05 period using the diminishing value method, the first step is to notionally depreciate the asset to the beginning of the income year.

Cost at 1 July 2003

$20,000

20% depreciation to 30 June 2004

$4,000

Notional written-down value at 30 June 2004

$16,000

The next step is to determine the depreciation for the 2004–05 income year

Notional written-down value at 30 June 2004

$16,000

20% depreciation to 30 June 2005

$3,200

Notional written-down value at 30 June 2005

$12,800

The last step is to apportion the depreciation because the asset is not used wholly for the production of notional assessable income.

Depreciation in 2004–05 (50% of $3,200)

$1,600

 

End of example

Sale of a depreciable asset

Under the normal operation of the Act, a deduction for the difference may be allowed where an asset is sold for less than the notional depreciated value of the asset. This deduction is also allowable in working out the attributable income of a CFC.

Start of example

Example 21: Deduction on disposal

In the next statutory accounting period the depreciable asset in example 20 was again used for 50% of the time to derive notional assessable income. At the end of the year it was sold for $9,000. The depreciation calculation would be as follows.

Notional written-down value at 30 June 2005

$12,800

20% depreciation to 30 June 2006

$2,560

Notional written-down value at 30 June 2006

$10,240

Proceeds of sale

$9,000

Notional loss

$1,240

Depreciation in 2005–06 (50% of $2,560)

$1,280

Deduction for loss (50% of $1,240)

$620

 

End of example

An amount may also be included in notional assessable income as a result of the sale of the asset.

Start of example

Example 22: Notional assessable income on disposal

Assume that the asset was sold for $18,000. In this case an amount would be included in notional assessable income as follows.

Cost at 1 July 2003

$20,000

Depreciation allowed

$2,800

Actual written-down value at 30 June 2006

$17,120

Proceeds of sale

$18,000

Actual written-down value

$17,120

Notional assessable income on disposal

$880

 

End of example

Phone the Business infoline on 13 28 66 for more information.

What about other capital deductions?

There are other provisions of the Act that allow for a deduction of the capital amounts and these may apply when working out attributable income - for example, Division 10 of Part III. Where the assets were used in a non-attributable income period, the Tax Office must determine the amount of the deduction allowed or the recoupment included in notional assessable income. However, it is not expected that this will often occur.

Phone the Business infoline on 13 28 66 for more information.

Transfer pricing rules

The Act contains measures to counter arrangements designed to move profits from one entity to another. These arrangements are commonly called transfer pricing or profit shifting. Broadly, the transfer pricing rules allow the Tax Office to increase a taxpayer's assessable income or decrease allowable deductions to negate the effect of the arrangement - see Division 13 of Part III.

International agreement

The rules apply only where there is an international agreement. For the purpose of applying the definition of an international agreement, the CFC is treated as a resident of a foreign country. The result is that the transfer pricing rules apply to most non-arm's length arrangements involving the CFC.

Start of example

Example 23: CFC in an unlisted country

Unlist Co1, which you wholly own, is a CFC resident of an unlisted country. In turn, Unlist Co1 wholly owns another CFC in an unlisted country - Unlist Co2. Unlist Co1 lends Unlist Co2 $1 million and there is no interest payable on the loan. The market interest rate is 10%.

 

The taxpayer owns 100% of Unlist Co1, which owns 100% of Unlist Co2. Unlist Co2 loans $1 million to Unlist Co 2 The taxpayer owns 100% of Unlist Co1, which owns 100% of Unlist Co2. Unlist Co2 loans $1 million to Unlist Co 2

 

Unlist Co1 will be taken to have received $100,000 on the loan. This amount will be tainted interest income and will be included in the tainted income of the company. If the company fails the active income test, the notional assessable income of Unlist Co1 will include $100,000.

End of example

Application of the transfer pricing rules to non-arm's length arrangements involving CFCs resident in the same listed country

The transfer pricing rules do not apply to arrangements involving CFCs resident in the same listed country at any time when an international agreement is in force.

Impact on the active income test

The Tax Office can make adjustments reflecting arm's length values to amounts used in determining whether a CFC has passed the active income test. An adjustment can be made if, in working out the attributable income of a CFC, the Tax Office would make a transfer pricing adjustment in relation to the acquisition or supply of property by the CFC.

Compensating adjustments

To avoid double taxation, the Tax Office may make adjustments in the assessment of another taxpayer to compensate for a transfer pricing adjustment. A compensatory adjustment may be required, for instance, where a transfer pricing adjustment is made to decrease the amount of a royalty payment made to a related company. In this case, a compensatory adjustment could be made to reduce the amount included in the assessable income of the related company as a result of the royalty payment.

As with the usual operation of the transfer pricing rules, where one CFC's notional assessable income or notional allowable deductions are adjusted, the Tax Office may make a compensating adjustment to:

  • a taxpayer's allowable deductions or assessable income
  • another CFC's notional assessable income or notional allowable deductions, or
  • the attributable income of a transferor trust estate.

Similarly, compensating adjustments may be made to the attributable income of a CFC when the transfer pricing rules have been applied to:

  • a taxpayer's allowable deductions or assessable income, or
  • the attributable income of a transferor trust estate.

Deduction for eligible finance shares

A deduction is not normally available for the payment of a dividend. A notional allowable deduction is available, however, for an eligible finance share dividend paid by a CFC. Broadly, this is a dividend paid on a share issued under a preference share financing arrangement with an Australian financial intermediary - for example, a bank - and its subsidiaries. In effect, the issue of eligible finance shares is treated as a type of loan.

Dividends on eligible finance shares are treated as an interest expense. A notional allowable deduction is available for the dividends to the extent a notional allowable deduction would have been payable if the dividends had been an interest outgoing.

Deduction for widely distributed and transitional finance shares

A deduction, similar to that provided for eligible finance shares, is available for dividends paid by a CFC on widely distributed finance shares. Widely distributed finance shares include shares issued by a CFC as a public issue under a preference share financing arrangement to persons who are not associates of the CFC and who have provided finance on arm's length terms. To qualify, the shareholders should have no interest in the CFC apart from ensuring repayment of the funds and regular payment of the dividends in a form which is, in effect, a substitution for interest on a loan.

A deduction is also available for dividends paid by a CFC on transitional finance shares. Transitional finance shares are shares issued by a CFC to a related CFC and paid for by the related CFC out of funds raised by the issue of widely distributed finance shares. The transitional finance shares must be issued under similar terms to the widely distributed finance shares.

Sunset clause

The deduction for dividends paid on transitional finance shares is only available where the shares were issued before 12 April 1989. A sunset clause is provided so that a deduction for dividends paid on transitional finance shares is only available for dividends paid by the CFC before 1 July 1998.

Diagram 3: Operation of widely distributed finance share measures

members of the public

->

funds raised by public issue of widely distributed finance shares

->

CFC A

->

funds may be lent

->

CFC B

Diagram 4: Operation of transitional finance share measures

members of the public

->

funds raised by public issue of widely distributed finance shares

->

CFC A

->

funds provided through share issue

->

CFC B

In each of the diagrams, a deduction is available from the attributable income of CFC A for dividends paid on its widely distributed finance shares.

In diagram 3, CFC B is allowed a deduction for interest paid to CFC A on the loan from that company.

In diagram 4, a deduction is available from the attributable income of CFC B for dividends paid on shares that it issued to CFC A on substantially the same terms as widely distributed finance shares issued by CFC A.

Section 3: Modifications to the treatment of capital gains and losses

The operation of the capital gains tax provisions of the Tax Acts is modified for working out the attributable income for a controlled foreign company (CFC).

Assets included in the calculation

Capital gains and losses taken into account in working out attributable income for a CFC are those arising on the disposal of assets, other than CGT assets having the necessary connection with Australia.

(A capital gain or loss on the disposal of a CGT asset having the necessary connection with Australia will be taken into account in working out the actual assessable income of the CFC as a non-resident taxpayer and is therefore excluded from the calculation of the CFC's attributable income.

Note: This exclusion applies even if the relevant asset is not subject to capital gains tax (CGT) because it was acquired before 20 September 1985.)

What is a CGT asset having the necessary connection with Australia?

In determining whether an asset is a CGT asset having the necessary connection with Australia, the assumption that the CFC is a resident of Australia is ignored. In almost all cases, however, the residency assumption will make no difference.

Broadly, a CGT asset having the necessary connection with Australia is:

  • land or buildings in Australia
  • assets used in carrying on business through a permanent establishment in Australia
  • a share, or an interest in a share, in a company which was a resident private company in the income year in which the disposal took place
  • a share, or an interest in a share, of a company which was an Australian resident and not a private company and at any time in the preceding five years a taxpayer or an associate (alone or together) owned 10% of the issued capital of the company
  • an interest in an Australian resident trust
  • a unit in a unit trust which was an Australian resident where, at any time in the preceding five years, a taxpayer or an associate (alone or together) owned 10% of the units in the unit trust
  • an option or right to acquire an asset referred to above
  • certain assets that have been transferred under the rollover provisions
  • certain rights that have a connection with Australia.

Note: The specific list of CGT assets having the necessary connection with Australia is set out in section 136-25 of ITAA 1997.

Assets used to produce notional exempt income

In working out taxable income, the capital gains tax provisions do not normally apply to the disposal of assets used solely for the production of exempt income. However, in working out attributable income, capital gains or losses on the disposal of assets used to derive notional exempt income can be taken into account.

Removal of exemption of pre-20 September 1985 assets

When applying the capital gains tax provisions in working out attributable income, all CGT assets other than those having the necessary connection with Australia that a CFC owns are deemed to have been acquired on 30 June 1990 or a later date being the last day of the most recent period during which there was not an attributable taxpayer with a positive attribution percentage. As such, the exemption for pre-20 September 1985 assets does not apply in working out attributable income.

Cost base of assets

The cost base of assets owned by a CFC is the market value at the later of:

  1. the last day of the most recent period during which there was not an attributable taxpayer with a positive attribution percentage in relation to the CFC; and
  2. 30 June 1990.

This day is called the 'commencing day'

Start of example

Example 24: Cost base of asset

A company is a CFC from 31 December 1990. However, there is not an attributable taxpayer with a positive attribution interest until 1 March 1993 at 5.00pm. The CFC acquired an asset on 1 May 1992 and disposes of the asset on 1 October 2006.

Consequences

The asset will be deemed to have been acquired for market value on 1 March 1993. This is the commencing day as it is the last day of the most recent period during which an attributable taxpayer did not have an attribution percentage. The capital gain or capital loss is therefore worked out using the change in the asset's value between 1 March 1993 and 1 October 2006.

End of example

Working out a gain or loss on disposal

You work out the amount to include in a CFC's notional assessable income in broadly the same way as for the usual operation of the capital gains tax provisions. That is, you must determine the excess of a CFC's capital gains over the CFC's capital losses and include that excess - the net capital gain - in the CFC's notional assessable income. A net loss can only be carried forward to be offset against future capital gains. However, there are certain modifications to the capital gains tax provisions that apply when working out attributable income.

Valuation date for assets owned at the end of the commencing day

An unrealised gain that accumulated on or before the commencing day will not be taxed. Correspondingly, any unrealised loss accumulated up to that date will not be allowed. This is done by valuing the assets on the commencing day and, in general, using that value as the consideration paid.

However, where an asset had decreased in value on or before the commencing day, the gain using the market value as the consideration paid could be bigger than the actual gain. Similarly, where the asset had appreciated in value on or before the commencing day, the loss using the market value as the consideration paid could be greater than the actual loss. In either of these cases, only the actual gain or loss is taken into account. To achieve this result, you must use as the consideration paid for such assets either the market value of the asset at the commencing day or the actual cost base of the asset, whichever produces the smaller gain or loss. That is:

  • in working out a gain, use the greater of the unindexed cost base and the market value on the commencing day
  • in working out a loss, use the lower of the unindexed cost base and market value on the commencing day.

Indexation of the cost base

The cost base of an asset is indexed for inflation and only the amount of the consideration that is more than the indexed cost base is treated as a capital gain. Generally, an asset must be held for 12 months before indexation applies.

Indexation factor

The indexation factor used is the same as that normally used under the capital gains tax provisions - the consumer price index. This index is published in Guide to capital gains tax 2005–06 (NAT 4151). You can get the consumer price index from the Australian Bureau of Statistics in your capital city or from any tax office.

Adjustment to the cost base

In some cases, the cost base of an asset will need to be adjusted. This would occur where, for example, there was a return of capital on shares or a tax free distribution from a unit trust.

Phone the Business infoline on 13 28 66 for more information.

Provisions for profit-making ventures

The provisions of the Act that include in assessable income a capital gain from the disposal of an asset purchased for profit-making by sale or from carrying out a profit-making undertaking or that allow a deduction for a loss - that is, sections 25A and 52 - do not apply in working out the attributable income of a CFC.

Treatment of a net capital loss under the capital gains tax provisions

In working out taxable income, capital losses are offset against capital gains to determine the net capital gain to include in assessable income. Where there is a net capital loss, you cannot use the loss to reduce assessable income. The same rules apply in working out attributable income.

A CFC cannot use a net capital loss under the CGT provisions to reduce its notional assessable income. It can only carry the loss forward for offset against capital gains in subsequent years.

You cannot transfer a loss - for example, you cannot use the loss of one CFC to reduce the notional assessable income of another CFC or your own assessable income.

In working out attributable income you cannot take into account a capital loss incurred on the disposal of an asset where the disposal occurred before 1 July 1990.

Where a company becomes a CFC after 30 June 1995, asset disposals made before it became a CFC are not taken into account when working out attributable income.

This ensures that a capital loss is not available where it is incurred before a company becoming a CFC.

Rollover of assets under the capital gains tax provisions

Forced disposals

The capital gains tax provisions allow you to defer working out a capital gain or capital loss where the disposal was:

  • as a result of a breakdown of marriage
  • caused by the loss or destruction of the asset
  • from certain resumptions of property
  • from the disposal of certain mining leases.

These rollover provisions will apply in working out the attributable income because of the assumption that the CFC is a resident.

Most of these provisions require that the person disposing of the asset must make an election. You can make the election on behalf of a wholly owned CFC. For more details, see Procedures for electing that the rollover provisions apply.

Group transfers

The CGT rollover provisions allow companies that have 100% common ownership to defer, in certain circumstances, capital gains or capital losses on assets transferred between companies in the group. In the case of asset transfers between CFCs with 100% common ownership the circumstances under which the rollover provisions apply are modified. These are set out in the table below:

Residence of CFC

Recipient company residence

Asset requirement

Resident of a listed country

Either a resident of that listed country or an Australian resident

Any asset

Resident of a listed country

A resident of a particular unlisted country

The asset must have been used in connection with a permanent establishment of the CFC in an unlisted country

Resident of an unlisted country

Either a resident of an unlisted country at that time or an Australian resident

Any asset

The assumption that a CFC is a resident of Australia is ignored in determining its residence for the group transfer provisions.

Procedures for electing that the rollover provisions apply

How to elect for rollover relief

If an election for rollover relief is required, a CFC - or in the case of group rollovers, both the transferor and transferee - must elect in writing that the particular rollover provision applies.

The CFC must normally make the election. An attributable taxpayer may, however, make an election on behalf of a wholly owned CFC.

Timing of elections

An election must be lodged with the Tax Office on or before the lodgment of a return by an attributable taxpayer that is affected by the election. If more than one attributable taxpayer is affected, the election will be valid if made on or before the lodgment of the affected tax returns.

Self-assessment - extension of time to make an election

The self-assessment guidelines do not apply to an election by a CFC for rollover relief and Taxation Ruling IT 2624 does not authorise an extension of time in which to make the election. If an extension of time is required, the CFC or its agent should approach the Tax Office. For convenience, the request should go to the tax office where the tax return of the largest attributable taxpayer is lodged. If this is not readily apparent, the request can be lodged at any tax office.

Which officer makes the election?

The person who acts for the CFC should make the election. In Australia, that person would normally be the public officer of the company. However, foreign laws may require a different officer to act for the company. Whoever is authorised - whether under the foreign law or, if no law governs this, under the constituent document of the CFC - may make the election.

Election by an agent in Australia

The requirement that a CFC make an election will also be satisfied where an agent makes the election for or on behalf of the CFC, provided that the person is authorised by the CFC to do so. For example, the Australian parent of the CFC or the CFC's tax agent in Australia, if authorised, could make the election.

Reduction of disposal consideration where attributable income is not distributed

An adjustment will be made to the consideration received by a CFC in respect of the disposal of an interest in an attribution account entity if the income or profits of that entity have been attributed to you but have not been distributed. The adjustment only applies where the consideration is included in working out notional assessable income - whether under the capital gains tax provisions or any other provision.

The adjustment is mandatory and does not depend on any finding that the share price reflects the retained earnings. If you think that it applies to the CFC, you can contact the tax office where you lodge your return for more information.

CGT concession for active foreign companies

For certain CGT events happening on or after 1 April 2004, a CFC may be able to reduce its capital gains or capital losses arising in relation to its interest in a foreign company, including a CFC. This can be done when:

  • the CFC holds shares in a company that is a foreign resident (excluding eligible finance shares and widely distributed finance shares)
  • a CGT event occurs in respect of the CGT asset that is the share in the foreign company, and
  • the CFC has held a direct voting percentage of at least 10% in that foreign company for a continuous period of 12 months in the 24 months before the time of the CGT event.

The gain or loss resulting from the CGT event is reduced by a percentage, calculated at the time of the CGT event, called the active foreign business asset percentage. The method for calculating the active foreign business asset percentage is explained below.

Active foreign business asset

An asset will be an active foreign business asset if, at the time of the CGT event, it is:

  • an asset included in the total assets of the foreign company
  • used or held ready for use by the foreign company in the course of carrying on a business, and
  • not a CGT asset that has the necessary connection with Australia.

Goodwill of the foreign company is included as an active business asset but financial instruments (other than shares and trade debts) are not included.

To be included in the total assets of the foreign company, the asset must be a CGT asset that is owned by the foreign company at the time of the CGT event.

Active foreign business asset percentage

You can work out the active foreign business asset percentage of a foreign resident company in relation to the CFC using either the market value method or the book value method. If you do not choose either method, you will not be eligible for the concession.

Market value method

The active foreign business asset percentage is worked out under the market value method using the following formula:

Market value of all active foreign business assets ÷ market value of the total assets

Book value method

The active foreign business asset percentage is worked out under the book value method using the following formula:

Average value of active foreign business assets ÷ average value of total assets

The average value of the active foreign business assets is worked out using the following formula:

(Value of the active foreign business asset at the end of the most recent period + the value of the asset of the previous period) ÷ 2

The average value of the total assets of the foreign company are worked out in the same way.

After applying the formula under either method, the active foreign business asset percentage is determined as follows:

Result of calculation

Active foreign business asset percentage

< 10%

0%

10% - 89%

The result of the calculation

> 90%

100%

Foreign wholly owned groups

In certain circumstances where the determination of the active foreign business asset percentage involves a tier of foreign companies the calculation may be done on a consolidated basis for wholly owned companies comprising or within that tier of companies. This removes the need to determine the active foreign business asset percentage for each individual company in the tier where those companies are considered part of the wholly owned group. Rather, one calculation is performed for the top foreign company in the wholly owned group that also covers all its wholly owned foreign subsidiary companies.

Section 4: Quarantining of losses

Quarantining

If a CFC's notional allowable deductions relating to a particular class are more than the notional assessable income of that class for an accounting period, the excess cannot be claimed against notional assessable income of another class or used to reduce a net capital gain under the capital gains tax provisions.

The excess loss of a class of income is carried forward and can be claimed as a notional allowable deduction against income of the same class.

What are the classes of income?

Notional assessable income is divided into four classes:

  • interest
  • offshore banking
  • modified passive
  • other income.

The classes may include both income and gains of a capital nature. However, capital gains under the capital gains tax provisions are not included in any of the classes. In effect, these capital gains are treated as a separate class of income.

Interest

Most interest income, including payments in the nature of interest, falls into the interest class.

Excluded are:

  • interest that falls into the offshore banking income class
  • interest that is received in the active conduct of a trade or business - for example, interest on receivables
  • interest derived from money lending - for example, a banking business.

Offshore banking income

Offshore banking income is income derived through an offshore banking unit. It is unlikely that a CFC will have this type of income.

Modified passive income

Modified passive income is passive income other than amounts that fall within the interest class or the offshore banking income class. As mentioned previously, capital gains under the capital gains tax provisions are not included. Passive income includes rent, royalties, dividends, annuities, capital gains and amounts derived from the assignment of copyrights, for example.

Other income

The 'other income' class comprises amounts that do not fall within the other three classes.

Deductions for sometimes exempt income loss

You may claim a notional allowable deduction for a 'sometimes exempt income loss'. A sometimes exempt income loss can arise for a CFC in an accounting period if:

  • the CFC passed the active income test for the period, or
  • the CFC gained the benefit of the de minimis exemption for the period
  • and the CFC has any expenses that are not notional allowable deductions but would have been if the CFC had not passed the active income test or gained the benefit of the de minimis exemption.

How is the sometimes exempt income loss worked out?

The sometimes exempt income loss is worked out by:

  • assuming that the CFC had passed the active income test and did not have the benefit of the de minimis exemption
  • working out the amounts that would be included in the notional assessable income - called the sometimes exempt income
  • working out notional allowable deductions that would be available if the sometimes exempt income were assessable - called sometimes exempt deductions.

If sometimes exempt deductions of a class of income are more than the sometimes exempt income of that class, the difference is a sometimes exempt income loss.

Deductions for previous year losses

You may claim a notional allowable deduction for a CFC's previous years' losses. Do this separately for each class of income. In determining the loss for a particular class of notional assessable income, only the notional allowable deductions that relate to that particular class and were derived in that period are taken into account. If the notional allowable deductions are more than the notional assessable income, the difference is set off against the sometimes exempt income gain of that class for the period. The amount that remains is the CFC's loss for that class for the period.

How is a sometimes exempt income gain worked out?

The sometimes exempt income gain for each class of income is the amount of sometimes exempt income that is more than the sometimes exempt deductions. The sometimes exempt income gain reduces a CFC's loss in a class of income. Losses in the current period are reduced before losses carried forward from a previous period.

Conditions before a loss is allowed

You are allowed a notional deduction for a previous year's loss only if the CFC was a CFC when the loss was incurred and at the end of each period until the loss is claimed.

In working out the CFC's previous years' losses you must assume that you were always an attributable taxpayer who was required to work out attributable income. Therefore, it is possible to carry forward a loss from a period when you were not an attributable taxpayer.

You cannot take into account any loss incurred in a statutory accounting period that commenced before 1 July 1983.

Residency requirement for losses

A loss that was incurred in a previous statutory accounting period is only allowable if the CFC was a CFC at the end of that statutory accounting period in which the loss arose and at the end of each of the following statutory accounting periods before the eligible period.

In addition, certain residency requirements must be met before the loss may be applied against the notional assessable income of that class in the eligible period. If these are not satisfied the loss will not be taken into account.

Modifications to the general rule deal with cases where a company:

  • remains a resident of the same country, but
  • is treated as changing residence from a listed country to an unlisted country or vice versa as a result of changes to the list(s) of countries or political developments - for example, as a result of the dissolution of a country.

In these cases, the losses incurred by a CFC in an earlier period are not denied solely because the listing status of a CFC's country of residence changes.

The following table summarises the availability of losses incurred in previous statutory accounting periods.

CFC's country of residence at end of eligible period

CFC's country of residence at end of the substituted accounting period in which loss arose

Consequence

Listed

Listed

Allowable

Listed

Unlisted

Generally not allowable unless the unlisted country arose from the dissolution of the listed country or unless the unlisted country is the same country as the listed country.

Unlisted

Unlisted

Allowable

Unlisted

Listed

Generally not allowable unless the listed country is the same as the unlisted country.

Note: Losses are not allowable if they were denied in an earlier statutory accounting period

Losses confined to the CFC

Where a CFC has incurred a loss of a class of income, you cannot transfer the loss to reduce the notional assessable income of another CFC or your own assessable income. The loss is locked into the CFC.

Ordering

If there is more than one previous year's loss, you must claim the losses in the order in which they were incurred.

Section 5: Working out the net income of a partnership

The notional assessable income of a CFC includes the CFC's share of the net income of a partnership. You work out the net income of the partnership in accordance with the partnership provisions of the Act. However, it is assumed that:

  • the partnership derived only certain income and gains
  • the operation of the Act is modified.

Assumption about income and gains

The assumptions made for amounts derived by a partnership mirror the assumptions made for working out the income and gains of a CFC. The amounts taken into account in working out the net income of the partnership depends on whether the CFC passes the active income test. The amounts also depend on whether the CFC is a resident of a listed country or an unlisted country.

If a CFC resident in an unlisted country:

  • passes the active income test - the only amounts taken into account in determining the net income of the partnership are trust amounts arising for the partnership and amounts of FIF income.
  • fails the active income test - only the following amounts are taken into account in determining the net income of the partnership:
    • adjusted tainted income
    • trust amounts arising for the partnership, and
    • FIF income.
     

If a CFC resident in a listed country:

  • passes the active income test - only the following amounts are taken into account in determining the net income of the partnership:
    • low-taxed third-country income of a kind specified in the Regulations
    • FIF income, and
    • trust amounts arising for the partnership that are not subject to comparable tax in a listed country
     
  • fails the active income test - only the following amounts are taken into account in determining the net income of the partnership:
    • eligible designated concession income that is adjusted tainted income
    • low-taxed third-country income of a kind specified in the Regulations
    • FIF income, and
    • trust amounts arising for the partnership that are not subject to comparable tax in a listed country.
     

Assumption about modifications to the Act

The modifications that apply in working out the net income of a partnership are similar to those that apply for working out notional assessable income and notional allowable deductions of a CFC - see section 3, section 4 and section 5.

Additional modifications to the Act

Three additional modifications are made in working out the net income of a partnership.

First, the partnership is treated as a resident of the same country as the CFC.

Second, a dividend will not be notional exempt income of a partnership unless the dividend is paid out of previously attributed income.

Third, the capital gains tax provisions apply to assets acquired by a partnership after 19 September 1985 - the deemed acquisition of assets on 30 June 1990 for CFCs does not apply to assets held by partnerships.

Section 6: Trust amounts

The notional assessable income of a CFC may include certain trust amounts arising for the CFC in the statutory accounting period. There are three types of trust amounts:

  • amounts derived as a beneficiary of a trust estate where the CFC is personally entitled to a share of the net income of the trust estate
  • other amounts paid to, or applied for the benefit of, the CFC by the trustee of a trust estate, and
  • amounts attributed to the CFC under the transferor trust measures.

CFC a beneficiary of a trust - present entitlement

Where the CFC is presently entitled to a share of the net income of a trust estate, the CFC must include the share of the net income in notional assessable income. The calculation of the net income of the trust estate is made under the existing trust provisions of the Act. The modifications that apply in working out the net income of a trust are similar to those that apply for working out notional assessable income and notional allowable deductions of the CFC - see section 3, section 4 and section 5.

Additional modifications that apply when working out the net income of a trust are outlined below.

Trust is a resident of the same country as the CFC

A trust estate is treated as a resident of the same country as the CFC.

Dividends

A dividend will not be notional exempt income of a trust unless the dividend is paid out of previously attributed income.

Trust is treated as a resident trust estate

A trust is treated as an Australian resident trust estate or a resident unit trust for the purposes of the capital gains tax provisions.

Modifications to capital gains tax provisions

The modifications to the capital gains tax provisions - see section 4 - that provide for the removal of the exemption for assets acquired before 20 September 1985 do not apply in working out the net income of a trust. Consequently, the capital gains tax provisions apply to assets acquired by a trust after 19 September 1985.

Transferor trust measures

The transferor trust measures apply in working out the attributable income of a CFC. See chapter 2 to determine whether the CFC will have an amount attributed to it.

Section 7: Reduction of attributable income because of interim dividends

The attributable income of a CFC is reduced if you are taxed on a dividend paid by the CFC out of current year profits and you would be assessable on those profits under the CFC rules at the end of the statutory accounting period of the CFC.

An interim dividend is only regarded as having been paid out of the attributable income of the current statutory accounting period if there are no earlier profits available out of which the dividend could have been paid. To the extent that there are such earlier profits, the dividend will firstly be regarded as having been paid out of those profits. Any balance is treated as having been paid out of the attributable income of the current statutory accounting period. Taxation Determination TD 2003/27 provides further guidance on how the attributable income of a CFC is reduced in these circumstances.

Working out the reduction

Dividend paid to an attributable taxpayer

If the dividend is paid to you, the amount of the reduction in attributable income is worked out as follows:

Amount of the dividend assessed ÷ your attribution percentage in the CFC

Start of example

Example 25: Dividend paid wholly out of attributed income

A taxpayer has a 50% attribution percentage in a CFC resident of an unlisted country. The CFC has no profits from previous years and $1 million current year profits are distributed as a dividend. The dividend was paid wholly from profits referable to the attributable income of the CFC. The $500,000 received by the taxpayer is included in the taxpayer's assessable income.

The amount by which the attributable income would be reduced is worked out as follows:

$500,000 ÷ 50% = $1 million

End of example

 

Start of example

Example 26: Dividend paid partly out of attributed income

A taxpayer has a 50% attribution percentage in a CFC resident of an unlisted country. The CFC has an accumulated profit of $2 million. The CFC pays a dividend of $2.2 million. The dividend would be taken to have been paid out of the accumulated profits first. The whole of the $200,000 component of the dividend paid from current year profits is referable to the attributable income of the CFC.

The reduction would be:

$100,000 ÷ 50% = $200,000

End of example

 

Start of example

Example 27: Dividend is exempt

A resident company has a 50% interest in a CFC resident of a listed country. The CFC has no profits from previous years and distributes all of the current year profits as an exempt dividend.

There is no reduction of attributable income in this case because the dividend was not assessable income.

End of example

Section 8: Relief from double accruals taxation

If an amount of income or gain is to be included in your assessable income as a result of tracing control through a foreign entity and that foreign entity has also been taxed on that amount under the accruals tax laws of another country, you may reduce your assessable income by an amount calculated as follows:

Indirect attribution interests through a controlled foreign entity (CFE) × foreign accruals-taxed attributable income

Your indirect attribution interest through a CFE is your attribution interest in a CFC traced through the CFE.

The foreign accruals-taxed attributable income is that part of an amount of income or gain derived by a CFC on which an interposed CFE has been taxed under an accruals tax law of a broad-exemption listed country. The income or gain must be taxed at that country's normal company rate of tax and during a tax accounting period which commences or ends either in your year of income or the statutory accounting period of the CFC.

Only countries listed in the Income Tax Regulations as having accruals tax laws are recognised for the purpose of granting this relief. They are:

  • Canada
  • France
  • Germany
  • Japan
  • New Zealand
  • United Kingdom of Great Britain and Northern Ireland
  • United States of America.
Start of example

Example 28: Reduction of an otherwise assessable section 456 amount

Scenario

Ausco owns 50% of the share capital of US Co - a company resident in the United States - which in turn owns 50% of the share capital of a company that is a resident of an unlisted country. Ausco also holds a direct interest of 25% of the unlisted country company.

Because of the interests Ausco holds in US Co and the unlisted country company, both foreign companies are CFCs.

For the 2004-05 period, the unlisted country CFC's only item of income was interest income. The amount of this interest income was determined to be $8,000 under Australia's income tax laws.

The United States taxed US Co on an accruals basis on the item of interest income derived by the unlisted country CFC. US Co's interest in the unlisted country company was 50%. Therefore, only half of the item of interest income was attributed to US Co by the United States.

Australia applied the transfer pricing provisions to an interest free loan which the unlisted country company provided to a related CFC. Consequently, another $2,000 interest income was included in the unlisted country CFC's attributable income under Australia's accruals tax laws. This amount was not included in the unlisted country CFC's attributable income under the accruals tax laws of the United States.

Working out the amount to be attributed to Ausco

Step 1 - Determine Ausco's otherwise assessable amount

Ausco's attributed percentage of the attributable income of the unlisted country CFC is:

direct attribution interest

25%

indirect attribution interest

25%

attribution percentage

50%

Ausco's otherwise assessable amount is $5,000 (50% attribution percentage) x ($8,000 interest income + $2,000 interest income), arising from the application of the transfer pricing provisions.

Step 2 - Determine Ausco's indirect attribution interests through US Co

Ausco's indirect attribution interest in the unlisted country CFC through US Co is 25% - that is, Ausco's 50% direct interest in US Co multiplied by US Co's 50% interest in the unlisted country CFC.

Step 3 - Determine the unlisted country CFC's foreign accruals-taxed attributable income

The unlisted country CFC's foreign accruals-taxed attributable income worked out under Australian accruals tax rules equals $8,000. This amount is referable to the item of interest income included in the attributable income of the unlisted country CFC under the United States' accruals tax laws. It is important to note that the amount is not necessarily the same as the amount worked out under the United States' accruals tax laws.

Step 4 - Determine the amount by which Ausco's otherwise assessable amount is to be reduced

Reduce the otherwise assessable amount by $2,000 - that is, step 2 multiplied by step 3.

Step 5 - Determine Ausco's assessability in respect of the unlisted country CFC's attributable income

Ausco's assessability for the unlisted country CFC's attributable income is $3,000 - that is, step 1 minus step 4.

End of example

Section 9: How much is included in assessable income

You need to work out how much of the attributable income of the CFC to include in your assessable income. Multiply your attribution percentage in the CFC at the end of the statutory accounting period by the attributable income of the CFC. Include the result in your assessable income.


QC18505