Document ID: chunk:federal_register_of_legislation:C2014C00749:clause:13_5:p2
Version: federal_register_of_legislation:C2014C00749
Segment Type: clause
Provision Reference: sch 13 cl 5 (pt 2/7)
Character Range: 174961–177595

in one or more of the following paragraphs:
 (a) a person who is not an *Australian resident;
 (b) a *life insurance company;
 (c) an exempting entity;
 (d) a *former exempting entity;
 (e) a trustee of a trust in which an interest was held by a person referred to in any of paragraphs (a) to (d);
 (f) a *partnership in which an interest was held by a person referred to in any of paragraphs (a) to (d).
 (4) If the assumptions set out in subsection (5) are made:
 (a) if the *member was a person referred to in any of paragraphs (3)(a) to (d)—the member; or
 (b) if the member was a trustee of a trust or a *partnership, being a trust or partnership in which a person referred to in any of those paragraphs held an interest—the holder of the interest;
would (if not an *Australian resident) be exempt from *withholding tax on the distribution or (if an Australian resident) be entitled to a *franking credit or a *tax offset in respect of the distribution.
 (5) The assumptions referred to in subsection (4) are that:
 (a) the relevant former exempting entity was an *exempting entity at the time it made the *distribution; and
 (b) the distribution was a *franked distribution made to the member; and
 (c) if the *member was a *former exempting entity—the member was an exempting entity; and
 (d) if the member was a trustee of a trust or *partnership in which a former exempting entity had an interest—the former exempting entity was an exempting entity.
 (6) A person is taken to hold an interest in a trust, for the purposes of paragraph (3)(e), if:
 (a) the person is a beneficiary under the trust; or
 (b) the person derives, or will derive, income indirectly, through interposed trusts or *partnerships, from *distributions received by the trustee.
 (7) A person is taken to hold an interest in a *partnership, for the purposes of paragraph (3)(f), if:
 (a) the person is a partner in the partnership; or
 (b) the person derives, or will derive, income indirectly, through interposed trusts or partnerships, from *distributions received by the partnership.

208‑160  Distributions that are affected by a manipulation of the imputation system
  For the purposes of item 2 of the table in section 208‑115 and items 2 and 5 of the table in section 208‑130, a *distribution to an entity is affected by a manipulation of the imputation system if:
 (a) the Commissioner has made a determination under paragraph 204‑30(3)(c) that no *imputation benefit is to arise for the entity in respect of the distribution; or
 (b) the Commissioner has made a determination under paragraph 177EA(5)(b) of the Income Tax Assessment Act 1936 that