In order for an investor to be eligible to claim the benefit of a franking credit attached to a dividend, they must have held the share 'at risk' for at least 45 continuous days, not including date of purchase and date of sale. Where the 45 day holding requirement has not been satisfied, the holding period rule (also known as the 45 day rule) may apply to deny the franking credits attached to the dividend received in respect of the particular share.
The holding period rule is intended to prevent investors from buying shares immediately before dividends are declared and selling immediately after, thereby obtaining the tax benefit of the franking credit.
Days on which an investor has less than 30% of the ordinary financial risks of loss and opportunities for gain from owning the shares cannot be counted in determining whether the investor has held the shares 'at risk' for a period of 45 days.
Transactions such as granting options or warrants over shares or entering into a contract to sell shares may have the effect of materially diminishing the investor's risk of loss and opportunity for gain in respect of the shares.
Because we do not know the complete circumstances of any particular investor, we assume that all shares are held 'at risk'. It will be up to the individual investor to determine whether or not the 'at risk' requirement has been met.
Should an investor not satisfy this holding period rule, the benefit of any franking credits attached to dividends received will be denied to the investor. The investor will not be required to gross up their assessable income to include the denied franking credits in their income tax return. The investor will also not be entitled to claim the denied franking credits as a tax offset. As a result, the investor will only be subject to tax on the cash amount of the dividend received in respect of that particular parcel of shares to which the denied franking credits relate.
The holding period rule does not apply if the total franking credit entitlement of an investor (who is an individual) is less than or equal to $5,000 in a particular income year. This is roughly equivalent to receiving fully franked dividends of $11,666.
We do not apply the small investor exemption. The reason for this is that an investor may receive franking credits from assets held outside their portfolio with us and these may impact their ability to claim the small investor exemption.
We apply the holding period rule having regard to assumptions and limited information regarding the circumstances of each investor. Please consult our Tax Guide for more information.
The amount of credits denied is shown on the Tax Report – Summary and the Tax Report – Detailed. The Denied Franking Credit section of the Tax Report – Detailed discloses the amount of credits denied on an asset by asset basis.
Dividend washing occurs when investors seek to claim two sets of franking credits on what is effectively the same parcel of shares. From 1 July 2013, a specific integrity rule was enacted that denies the benefit of additional franking credits where dividends are received as a result of dividend washing.
We have used best endeavours to undertake calculations to arrive at the amount of denied franking credits disclosed as a result of dividend washing, having regard to the assumptions stated below:
- assets affected are ASX-listed fully-paid ordinary shares
- the company has paid a franked dividend (a dividend with an entitlement to an attached franking credit)
- shares are sold without an entitlement to the dividend (ex div), on or between ex-date and ex-date + 3 days
- new shares are bought with an entitlement to the dividend (cum div), on or after the sale date up to and including ex-date + 3 days
- when a different number of shares are bought to the number of shares sold, the calculation will deny the franking credit entitlement on the smaller of the shares sold and shares bought.
Please note that the amount of franking credits denied has been disclosed in the Tax Report - Summary and in the Denied Franking Credit (DF) section of the Tax Report - Detailed. We recommend that investors seek independent taxation advice in order to determine the appropriate treatment of these franking credits.