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INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 219.45

Reversing (on tax paid basis) certain franking debits that arose before 1 July 2002

  (1)   This section applies if:

  (a)   a franking debit arose before 1   July 2002 in the franking account of a life insurance company under former section   160AQCNCE of the Income Tax Assessment Act 1936 in relation to a PAYG instalment variation credit in respect of an income year; and

  (b)   the company's assessment day (the assessment day ) for that income year occurs on or after 1   July 2002; and

  (c)   the company has a franking account (the new franking account ) under section   205 - 10 of the Income Tax Assessment Act 1997 .

  (2)   A franking credit of the amount worked out in accordance with the following formula is taken to have arisen in the new franking account on 1   July 2002:

    Start formula Amount of the 1936 Act debit times start fraction 30 over 70 end fraction end formula

where:

"amount of the 1936 Act debit" means the amount of the franking debit mentioned in paragraph   (1)(a).

Note:   As the effects of former sections   160AQCNCE and 160APVN of the Income Tax Assessment Act 1936 are not duplicated in the Income Tax Assessment Act 1997 , this section ensures that a debit arising under former section   160AQCNCE before 1   July 2002 is reversed on a tax paid basis on that date if it has not been reversed under former section   160APVN before that date.

Table of sections

220 - 1   Application to things happening on or after 1   April 2003

220 - 5   Residency requirement for income year including 1   April 2003

220 - 10   NZ franking company cannot frank before 1   October 2003

220 - 35   Extended time to make NZ franking choice

220 - 501   Franking and exempting accounts of new former exempting entities



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