On Wed 12.10.16, the ATO issued Draft Taxation Ruling TR 2016/D2 to provide guidance on the participation test in Subdiv 768-A of the ITAA 1997 when working out whether an equity distribution received by an Australian corporate tax entity from a foreign company is not assessable and not exempt (NANE) income.
Subdivision 768-A provides that an equity distribution received by an Australian corporate tax entity from a foreign company is NANE income in certain circumstances.
It is the Commissioner’s view that for the purposes of Subdivision 768-A:
- to have a participation interest in the foreign company, an entity must be a registered member of the foreign company at the start of the day the distribution is made
- where the distribution is a dividend or non-share dividend, the distribution is made on the day that the foreign company pays or credits the distribution, and
- where the distribution is a deemed dividend, the distribution is made on the day the tax legislation deems the dividend to have been taken to be paid.
DATE OF EFFECT: When the final Ruling is issued, it will apply to foreign equity distributions made on or after 17 October 2014.
[ATO – draft ruling] [LTN 197, 12/10/16]