The attributable taxpayers in relation to a CFC are taxed under section 457 on the amount that relates to the period until the change of residence. Non-portfolio dividends received by the CFC during the period are not included.
Change of residence of a CFC from an unlisted country to Australia
If a CFC changes residence from an unlisted country to Australia, a resident taxpayer who is an attributable taxpayer of the CFC is taxable on the taxpayer’s attribution percentage of the adjusted distributable profits of the CFC. The amount of the distributable profits that is taxable to a resident taxpayer includes the adjusted tainted income of the CFC (excluding non-portfolio dividends) less any expenses relating to that adjusted tainted income.
Example 1
AustCo owns 75% of CFC1, a CFC that is resident in an unlisted country. CFC1 becomes a resident of Australia on 30 September. CFC1 has a statutory accounting period of 1 July–30 June. For the period 1 July–30 September, CFC1 earned the following amounts of income:
Portfolio dividends |
$10,000 |
Non-portfolio dividends |
$15,000 |
Tainted interest income |
$12,000 |
Tainted services income |
$23,000 |
|
$60,000 |
CFC1’s adjusted tainted income is $45,000. It incurs expenses of $5,000 in earning the adjusted tainted income.
CFC1’s adjusted distributable profits are $40,000.
As a result, the amount attributable to AustCo under section 457 is 75% x $40,000 = $30,000.
End of exampleChange of residence of a CFC from an unlisted country to a listed country
If a CFC changes residence from an unlisted country to a listed country, a resident attributable taxpayer has to include in assessable income a share of the adjusted distributable profits of the CFC.
The amount to be included is worked out in the same way as the amount that arises where an unlisted country CFC becomes a resident of Australia. However, a further adjustment is made to the CFC’s distributable profits; the CFC is treated as having disposed of all of its tainted assets for their market value at the time it changed residence. Accordingly, the distributable profits also include a net profit arising on the deemed disposal of those assets.
Example 2
AustCo owns 75% of CFC2, a CFC that is resident in an unlisted country. CFC2 becomes a resident of a listed country on 30 September. CFC2 has a statutory accounting period of 1 July–30 June. For the period 1 July–30 September, CFC2 earned the following amounts of income:
Portfolio dividends |
$10,000 |
Non-portfolio dividends |
$15,000 |
Tainted interest income |
$12,000 |
Tainted services income |
$23,000 |
|
$60,000 |
CFC2’s adjusted tainted income is $45,000. It incurs expenses of $5,000 in earning the adjusted tainted income. The net profit (deemed) arising on CFC2’s tainted assets at 30 September is $100,000.
CFC2’s adjusted distributable profits are $140,000.
As a result, the amount attributable to AustCo under section 457 is 75% x $140,000 = $105,000.
End of exampleTreatment of residence changes arising from changes to the lists of countries
If an unlisted country CFC is treated as having changed residence to a listed country as a result of the unlisted country becoming listed, section 457 will not apply to this type of change in residence.