INCOME TAX ASSESSMENT ACT 1936

PART X - ATTRIBUTION OF INCOME IN RESPECT OF CONTROLLED FOREIGN COMPANIES  

Division 1 - Preliminary  

SECTION 319   STATUTORY ACCOUNTING PERIOD OF A COMPANY  

319(1)   [Period ending 30 June]  

Subject to this section, each period of 12 months finishing at the end of 30 June is a statutory accounting period of a company.

319(2)   [Election to adopt new period]  

A company may, by notice in writing to the Commissioner, elect that a day (in this section called the new day )is to be the last day of its statutory accounting period instead of the day (in this section called the old day ) that would otherwise apply under this section.

319(3)   [New day]  

The new day must be:


(a) if:


(i) the company has not previously given a notice under this section; and

(ii) the company regularly uses:

(A) an accounting period of 12 months finishing at the end of a day other than 30 June for the purposes of complying with the requirements of a tax law of any country; or

(B) an accounting period of 12 months finishing at the end of a day other than 30 June for the purposes of reporting to its shareholders;
either of those days; or


(b) if the company has previously given a notice under this section - 30 June or either of the days that, but for the giving of the notice, would be applicable under paragraph (a).

319(4)   [First and later periods on election]  

Subject to any further application of subsection (2) and to subsections (4A) and (5):


(a) the first statutory accounting period using the new day is the period that begins immediately after the end of the statutory accounting period (using the old day) during which the election was made; and


(b) later statutory accounting periods are the successive periods of 12 months finishing at the end of the new day.

319(4A)   [Where new day falls after election but before old day]  

Subject to subsection (5), if:


(a) the election is made in the company's statutory accounting period in which the company first became a CFC; and


(b) the new day occurs after the election is made but before the old day;

then, subject to any further application of subsection (2):


(c) that statutory accounting period finishes at the end of the new day; and


(d) later statutory accounting periods are the successive periods of 12 months finishing at the end of the new day.

319(5)   [Company incorporated less than 12 months]  

Where, when it makes the election, it is less than 12 months since the company was incorporated or otherwise established:


(a) the reference in subparagraph (3)(a)(ii) to the company regularly using an accounting period is instead a reference to the company proposing to use the accounting period; and


(b) subject to any further application of subsection (2):


(i) the first statutory accounting period of the company is the period beginning at the time of incorporation or establishment and ending at the end of the new day; and

(ii) later statutory accounting periods are the successive periods of 12 months finishing at the end of the new day.

319(6)   [Company ceases to exist before end of statutory accounting period]  

If:


(a) the company is a CFC at the beginning of what is, disregarding this subsection, a statutory accounting period; and


(b) the company ceases to exist before the end of the statutory accounting period;

the statutory accounting period ends immediately before the company ceases to exist.

319(7)   [Where notice may be given by entity that is attributable taxpayer]  

For the purposes of applying this section to a company, if:


(a) the company is a CFC at a particular time; and


(b) an entity is the only attributable taxpayer in relation to the company at that time; and


(c) the entity's attribution percentage in relation to the company is 100% at that time;

then, instead of a notice being given under subsection (2) by the company at that time, the notice may be given at that time by the entity.


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