Taxation Determination

TD 2004/76A1 - Addendum

Income tax: consolidation: are the voting interests in a foreign company held by a subsidiary member of a consolidated group treated as being voting interests of the head company of the group when determining whether section 23AJ of the Income Tax Assessment Act 1936 applies to a dividend paid to the group?

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Addendum

This Addendum amends Taxation Determination TD 2004/76 to replace references to the foreign tax credit system with legislative references to the foreign income tax offset rules, which replaced the foreign tax credit system with effect from 1 July 2008.

TD 2004/76 is amended as follows:

1. Paragraph 3

Omit 'section 160AFB'; substitute 'section 334A'.

2. Paragraph 4

(a)

Omit 'Subsection 160AFB(4)'; substitute 'Subsection 334A(1)'.

(b)

Omit 'the first company'; substitute 'the first-mentioned company'.

(c)

Omit 'or may come to be in a position'; substitute 'or may become in a position'.

3. Paragraph 5

(a)

Omit 'Subsection 160AFB(6)'; substitute 'Subsection 334A(4)'.

(b)

Omit 'section 160AFB'; substitute 'section 334A'.

4. Legislative references

Omit:

-

ITAA 1936 160AFB

-

ITAA 1936 160AFB(4)

-

ITAA 1936 160AFB(6)

Insert:

-

ITAA 1936 334A

-

ITAA 1936 334A(1)

-

ITAA 1936 334A(4)

This Addendum applies on and from 1 July 2008.

Commissioner of Taxation
27 April 2011

References

ATO references:
NO 1-278SFLP