Commonwealth Consolidated Acts

INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 205.20

  (1)   This section applies after 30   June 2002.

  (2)   A corporate tax entity's liability to pay franking deficit tax is determined under sections   205 - 25 and 205 - 30 of this Act (the transitional provisions ), and not under sections   205 - 45 and 205 - 50 of the Income Tax Assessment Act 1997 (the ongoing provisions ), if:

  (a)   the entity was in existence at the end of 30   June 2002; and

  (b)   the entity's 2001 - 02 income year ends after 30   June 2002; and

  (c)   the entity makes a valid election to have its liability to pay franking deficit tax determined under the transitional provisions.

  (3)   The entity makes a valid election to have its liability to pay franking deficit tax determined under the transitional provisions if:

  (a)   the election is in writing; and

  (b)   the election is made on the day on which liability for franking deficit tax would be determined under those provisions, or earlier than that day but in the income year in which that day occurs; and

  (c)   the entity's liability to pay franking deficit tax has not previously been determined under the ongoing provisions.