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ARTICLE · 10 MARCH 2011

Foreign Accumulation Fund Rules – More Revealed

In February 2011 the Assistant Treasurer released a further exposure draft of the foreign accumulation fund (FAF) rules. These rules are intended as specific narrowly defined anti-avoidance rules that will replace the foreign investment fund (FIF) regime.

AustraliaGovernment, Public Sector

In February 2011 the Assistant Treasurer released a further exposure draft of the foreign accumulation fund (FAF) rules. These rules are intended as specific narrowly defined anti-avoidance rules that will replace the foreign investment fund (FIF) regime.

The position at present is somewhat unusual having regard to the way Australian tax legislation is typically repealed and introduced. The Tax Laws Amendment (Foreign Source Income Deferral) Act (No. 1) 2010 took effect on 14 July 2010 and repealed the FIF rules. However, as at that date, legislation dealing with the anti-avoidance rules which were to replace the FIF rules was still at the initial exposure draft stage (and that draft was commented upon in our legal update of 5 May 2010, New Anti-roll-up Fund Rules to Replace Foreign Investment Fund Regime).

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