The Government Mon 3.6.2013, released a Discussion Paper on Preventing dividend washing. In the 2013-14 Federal Budget on 14 May 2013, the Government announced reforms to close, with effect from 1 July 2013, a loophole it said currently enabled sophisticated investors to engage in so-called “dividend washing”. The Government said this was a process that allowed sophisticated investors to effectively trade franking credits, and can result in some shareholders receiving 2 sets of franking credits for the same parcel of shares. This is outside the intent of the dividend imputation system, the Government warned.

Among other things, the Paper: (i) explains how dividend washing occurs, and how it circumvents the dividend imputation integrity rules; (ii) canvasses legislative options the Government is currently considering to prevent dividend washing; (iii) provides background information on dividend washing.

DATE OF EFFECT: The changes are intended to apply from 1 July 2013.

COMMENTS are due by 17 June 2013.

[FJM Note: This very short period in which to comment, the 1 July 2013 commencement date, and the general lack of retrospectively effective changes in this Budget, leads to the suggestion that these measures will be passed in the last 2 weeks of Parliament’s sittings 17-27 June 2013.]

[LTN 105, 3/6/13]