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To be able to claim the franking credits the holding period rule requires you to hold shares 'at risk' for at least 45 days (90 days for certain preference shares).
When working out the number of days you held the shares at risk, do not count the day on which you acquired the shares and the day on which you disposed of the shares (or you entered into an arrangement to reduce the risk of making a loss on them).
This rule applies generally to shares bought on or after 1 July 1997.
Even if you do not hold the shares at risk for the required period you may still be entitled to claim the franking credits if:
- your total direct and indirect franking credit entitlement for the income year, including any entitlement you may have through a trust or partnership, is not above $5,000 (the small shareholder exemption), and
- the related payments rule does not apply to you.
In determining whether the holding period rule is satisfied for the prescribed minimum period, no account is taken of any days on which you entered into an arrangement to materially reduce the risk of making a loss on your shares, such as through derivatives, hedges, options and futures.
If you do not satisfy the holding period rule, include the franked amount of the dividend at T item 11 but do not include any franking credit amount at U item 11 for that dividend.