Commonwealth Consolidated Acts

INCOME TAX RATES ACT 1986 - SECT 23AB

  (1)   Base rate entity passive income is assessable income that is any of the following:

  (a)   a distribution (within the meaning of the Income Tax Assessment Act 1997 ) by a corporate tax entity (within the meaning of that Act), other than a non - portfolio dividend (within the meaning of section   317 of the Assessment Act);

  (b)   an amount of a franking credit (within the meaning of the Income Tax Assessment Act 1997 ) on such a distribution;

  (c)   a non - share dividend (within the meaning of the Income Tax Assessment Act 1997 ) by a company;

  (d)   interest (or a payment in the nature of interest), royalties and rent;

  (e)   a gain on a qualifying security (within the meaning of Division   16E of Part   III of the Assessment Act);

  (f)   a net capital gain (within the meaning of the Income Tax Assessment Act 1997 );

  (g)   an amount included in the assessable income of a partner in a partnership or of a beneficiary of a trust estate under Division   5 or 6 of Part   III of the Assessment Act, to the extent that the amount is referable (either directly or indirectly through one or more interposed partnerships or trust estates) to another amount that is base rate entity passive income under a preceding paragraph of this subsection.

  (2)   However, if an entity has assessable income that is interest (or a payment in the nature of interest):

  (a)   treat the assessable income as not being interest (or a payment in the nature of interest) of the entity for the purposes of paragraph   (1)(d) if:

  (i)   the entity is a financial institution (within the meaning of section   202A of the Assessment Act); or

  (ii)   the entity is a registered entity (within the meaning of the Financial Sector (Collection of Data) Act 2001 ) that carries on a general business of providing finance (within the meaning of that Act) on a commercial basis; or

  (iii)   the entity holds an Australian credit licence (within the meaning of the National Consumer Credit Protection Act 2009 ), or is a credit representative (within the meaning of that Act) of another entity that holds such an Australian credit licence; or

  (iv)   the entity is a financial services licensee (within the meaning of the Corporations Act 2001 ) whose licence covers dealings in financial products mentioned in paragraph   764A(1)(a) of that Act (securities), or is an authorised representative (within the meaning of that Act) of such a financial services licensee; or

  (v)   the entity is an entity of a kind specified in a legislative instrument made under subsection   (3); and

  (b)   treat the assessable income as not being interest (or a payment in the nature of interest) of the entity for the purposes of paragraph   (1)(d) to the extent that it is a return on an equity interest in a company.

  (3)   The Minister may, by legislative instrument, specify one or more kinds of entities for the purposes of subparagraph   (2)(a)(v).