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TREASURY LAWS AMENDMENT (ENTERPRISE TAX PLAN) ACT 2017 - SCHEDULE 4

Mainconsequential amendments relating to imputation

Part   1 -- Amendments commencing 1   July 2016

Income Tax Assessment Act 1997

1   Subsection   36 - 55(2) (method statement, step 2)

Omit "the * standard corporate tax rate", substitute "the entity's * corporate tax rate for imputation purposes for that year".

2   Subsection   197 - 45(2) (formula)

Repeal the formula, substitute:

3   Subsection   197 - 45(2)

Insert:

"applicable gross-up rate" means the company's * corporate tax gross - up rate for the income year in which the franking debit arises.

4   Subsection   197 - 60(3) ( paragraph   ( a) of the definition of applicable tax rate )

Omit "the * standard corporate tax rate", substitute "the company's * corporate tax rate for imputation purposes for the income year in which the choice is made".

5   Subsection   197 - 60(4) (formula)

Repeal the formula, substitute:

6   At the end of subsection   197 - 60(4)

Add:

where:

"applicable gross-up rate" means the company's * corporate tax gross - up rate for the income year in which the choice is made.

7   Subsection   197 - 65(3) (formula)

Repeal the formula, substitute:

8   Subsection   197 - 65(3)

Insert:

"applicable gross-up rate" means the company's * corporate tax gross - up rate for the income year in which the franking debit arise s .

9   Subsection   200 - 25(1)

Omit "the standard corporate tax rate", substitute "the entity's corporate tax rate for imputation purposes for the income year in which the distribution is made".

10   Section   202 - 55

Omit "the current standard corporate tax rate", substitute "the entity's corporate tax rate for imputation purposes for the income year in which the distribution is made".

11   Subsection   202 - 60(2) (formula)

Repeal the formula, substitute:

12   At the end of subsection   202 - 60(2)

Add:

where:

"applicable gross-up rate" means the * corporate tax gross - up rate of the entity making the distribution for the income year in which the distribution is made.

13   Subsection   203 - 50(2) (formula)

Repeal the formula, substitute:

14   Subsection   203 - 50(2)

Insert:

"applicable gross-up rate" means the * corporate tax gross - up rate of the entity making the distribution for the income year in which the distribution is made.

15   Subsection   215 - 20(2) (formula)

Repeal the formula, substitute:

16   At the end of subsection   215 - 20(2)

Add:

where:

"applicable gross-up rate" means the * corporate tax gross - up rate of the entity making the distribution for the income year in which the distribution is made.

17   Subsection   705 - 90(3) (formula)

Repeal the formula, substitute:

18   At the end of subsection   705 - 90(3)

Add:

where:

"applicable gross-up rate" means the joining entity's * corporate tax gross - up rate for the income year that ends, or, if section   701 - 30 applies, for the income year that is taken by subsection   ( 3) of that section to end, at the joining time.

19   Paragraph 707 - 310(3A)(c) (formula)

Repeal the formula, substitute:

 

20   Section   976 - 1 (formula)

Repeal the formula, substitute:

21   At the end of section   976 - 1

Add:

where:

"applicable gross-up rate" means the * corporate tax gross - up rate of the entity making the distribution for the income year in which the distribution is made.

22   Section   976 - 10 (formula)

Repeal the formula, substitute:

23   At the end of section   976 - 10

Add:

where:

"applicable gross-up rate" means the * corporate tax gross - up rate of the entity making the distribution for the income year in which the distribution is made.

24   Section   976 - 15 (formula)

Repeal the formula, substitute:

25   At the end of section   976 - 15

Add:

where:

"applicable gross-up rate" means the * corporate tax gross - up rate of the entity making the distribution for the income year in which the distribution is made.

26   Subsection   995 - 1(1) (definition of corporate tax gross - up rate )

Repeal the definition, substitute:

"corporate tax gross-up rate" , of an entity for an income year, means the amount worked out using the following formula:

27   Subsection   995 - 1(1) (definition of corporate tax rate )

Repeal the definition, substitute:

"corporate tax rate" :

  (a)   in relation to a company to which paragraph   23(2)(a) of the Income Tax Rates Act 1986 applies--means the rate of tax in respect of the taxable income of a company covered by that paragraph; or

  (b)   in relation to another entity--means the rate of tax in respect of the taxable income of a company covered by paragraph   23(2)(b) of that Act.

28   Subsection   995 - 1(1)

Insert:

"corporate tax rate for imputation purposes" , of an entity for an income year, means:

  (a)   unless paragraph   ( b) applies--the entity's * corporate tax rate for the income year, worked out on the assumption that the entity's * aggregated turnover for the income year is equal to its aggregated turnover for the previous income year; or

  (b)   if the entity did not exist in the previous income year--the rate of tax in respect of the taxable income of a company covered by paragraph   23(2)(a) of the Income Tax Rates Act 1986 .

29   Subsection   995 - 1(1) (definition of standard corporate tax rate )

Repeal the definition.

Part   3 -- Application of amendments

58   Application of amendments

The amendments made by Part   1 of this Schedule apply to the 2016 - 17 income year and later income years.



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