Document ID: chunk:federal_register_of_legislation:C2004C00958:clause:2_471:p1
Version: federal_register_of_legislation:C2004C00958
Segment Type: clause
Provision Reference: sch 2 cl 471 (pt 1/2)
Character Range: 863073–865831

471  Subsections 422(2), (3) and (4)
Repeal the subsections, substitute:

 (2) This section sets out what happens if:

 (a) the eligible CFC ceases at a time (the residency change time), during the eligible period or an earlier statutory accounting period, to be a resident of an unlisted country and becomes a resident of a listed country; and

 (b) subsection 457(3) does not apply to the change of residence; and

 (c) because of the change in its residency status, an amount is included in the eligible taxpayer's assessable income under section 457 (including because of paragraph 58(1)(d) of the Taxation Laws Amendment (Foreign Income) Act 1990); and

 (d) a CGT event happens during the eligible period in relation to a CGT asset (the CFC asset) that the eligible CFC owned since the residency change time.

 (3) If the conditions in subsection (4) are satisfied, the capital proceeds from the CGT event are reduced by the amount worked out under subsection (5). If the conditions in subsection (6) are satisfied, those capital proceeds are increased by the amount worked out under subsection (7).

Reduction of capital proceeds

 (4) If all the eligible CFC's assets were disposed of at the residency change time for their market values in the circumstances mentioned in subparagraph 457(2)(a)(i):

 (a) distributable profits of the eligible CFC of a particular amount (the distributable profit amount) would be created, or its distributable profits would be increased by an amount (also the distributable profit amount); and

 (b) the eligible CFC would have made a profit (the CFC asset profit) on the disposal of the CFC asset.

 (5) The capital proceeds are reduced by:

where:

total asset profits is the sum of the profits that the eligible CFC would have made if all its assets were disposed of at the residency change time for their market values (ignoring disposals that would not result in a profit).

Increase in capital proceeds

 (6) If all the eligible CFC's assets were disposed of at the residency change time for their market values in the circumstances mentioned in subparagraph 457(2)(a)(i):

 (a) the distributable profits of the eligible CFC would be reduced by an amount (the distributable profit reduction amount); and

 (b) the eligible CFC would have made a loss (the CFC asset loss) on the disposal of the CFC asset.

 (7) The capital proceeds are increased by:

where:

total asset losses is the sum of the losses that the eligible CFC would have made if all its assets were disposed of at the residency change time for their market values (ignoring disposals that would not result in a loss).

Note: The heading to section 422 is replaced by the heading "Adjustment of capital proceeds where change