Income Tax Assessment Act 1936
This section applies if a dividend is taken to be paid under this Division because of a family law obligation.109RC(2) [ Dividend not made unfrankable]
Subparagraph 202-45(g)(i) of the Income Tax Assessment Act 1997 does not make the amount of the dividend unfrankable.109RC(3) [ Conditions for franking]
The dividend can be franked in accordance with Part 3-6 of the Income Tax Assessment Act 1997 only if:
(a) the dividend is franked at the private company's benchmark franking percentage for the franking period in which the dividend is taken to be paid; or
(b) if the private company does not have a benchmark franking percentage for the period - the dividend is franked at a franking percentage of 100%. 109RC(4) [ Recipient]
For the purposes of subsection (3), if the recipient of the dividend is not a member of the private company for the purposes of Part 3-6 of the Income Tax Assessment Act 1997 , treat that recipient as such a member.