Tax Laws Amendment (2007 Measures No. 4) Act 2007 (143 of 2007)

Schedule 1   New foreign income tax offset rules

Part 4   Consequential and other amendments

Income Tax Assessment Act 1936

18   Subsection 6(1)

Insert:

interest income , in relation to a taxpayer, means income consisting of interest, or a payment in the nature of interest, in respect of:

(a) money lent, advanced or deposited; or

(b) credit given; or

(c) any other form of debt or liability;

whether security is given or not, other than:

(d) an amount to the extent to which it is a return on an equity interest in a company; or

(e) interest derived by the taxpayer from a transaction directly related to the active conduct of a trade or business; or

(f) interest derived by the taxpayer from carrying on a banking business or any other business whose income is principally derived from the lending of money; or

(g) interest received by the taxpayer during a year of income from a foreign company, where:

(i) at any time during the year of income, the taxpayer had (or would have had, if the taxpayer were a company and a resident), a voting interest, within the meaning of section 334A, amounting to at least 10% of the voting power, within the meaning of that section, in that company; and

(ii) during the year of income or the preceding year of income, the company has not derived an amount of interest income exceeding 10% of the total profits derived by the company during the same year.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).