Income tax: where there is a disposal of foreign currency or a right to receive foreign currency and forex realisation event 1 happens, is the amount attributable to a currency exchange rate effect determined by subtracting the non-forex component of the capital gain (or loss) from the overall capital gain (or loss)?

Yes. The non-forex component of the capital gain (or loss) is the foreign currency amount received on disposal less the foreign currency cost of acquisition, translated into Australian currency using the exchange rate applicable at the time of the disposal.

An entity acquires the right to receive foreign currency for US$100 when the exchange rate is A$1.00 = US$0.80. The entity disposes of the right six months later when its value is US$110. The exchange rate at the time of disposal is A$1.00 = US$0.60.

Assume that this particular right to receive foreign currency is not a 'traditional security' for the purposes of sections 26BB and 70B of the Income Tax Assessment Act 1936 (ITAA 1936).

FRE 1 happens when the entity disposes of the right to receive foreign currency (paragraphs 775-40(1)(b) and 775-40(3)(b) of the ITAA 1997).

The capital gain from the disposal of the right is determined by translating each receipt or payment (element) at the exchange rate applicable at the time of each transaction or event (subsection 960-50(6) item 5 of the ITAA 1997). capital gain = US$110/0.60 less US$100/0.80 = A$183.33 - A$125 = A$58.33

The non-forex component of the capital gain is calculated by determining the US currency value of the net gain from the disposal and translating this amount into Australian currency at the exchange rate applicable at the time of disposal. Non-forex component of the capital gain = (US$110 - US$100)/0.60 = A$16.67

The forex realisation gain is the amount of the capital gain which is attributable to a currency exchange rate effect. The amount is calculated by taking the overall capital gain less the non-forex component of the capital gain. Forex realisation gain = A$58.33 less A$16.67 = A$41.66

The amount of the capital gain which is attributable to a currency exchange rate effect is A$41.66 and is included in the entity's assessable income under subsection 775-15(1) of the ITAA 1997.

The non-forex component of the capital gain amount is subject to the capital gains tax provisions in the ITAA 1997.

An entity acquires a right to receive foreign currency for US$100 when the exchange rate is A$1.00 = US$0.60. The entity disposes of the right six months later when its value is US$90. The exchange rate at the time of disposal is A$1.00 = US$0.80.

Assume that this particular right to receive foreign currency is not a 'traditional security' for the purposes of sections 26BB and 70B of the ITAA 1936.

FRE 1 happens when the entity disposes of the right to receive foreign currency (paragraphs 775-40(1)(b) and 775-40(3)(b) of the ITAA 1997).

The capital loss from the disposal of the right is determined by translating each receipt or payment (element) at the exchange rate applicable at the time of each transaction or event (subsection 960-50(6) item 5 of the ITAA 1997). Overall capital loss = US$90/0.80 less US$100/0.60 = A$112.50 - A$166.67 = A$54.17 loss

The non-forex component of the capital loss is calculated by determining the US currency value of the net gain from the disposal of the right and translating this amount into Australian currency at the exchange rate applicable at the time of disposal. Non-forex component of the capital loss = (US$90 - US$100)/0.80 = A$12.50 loss

The forex realisation loss is the amount of the capital loss which is attributable to a currency exchange rate effect. This amount is calculated by taking the overall capital loss less the non-forex component of the capital loss. Forex realisation loss = A$54.17(loss) less A$12.50 (loss) = A$41.67 loss

The amount of the capital loss attributable to a currency exchange rate effect is A$41.67 and is an allowable deduction to the entity under subsection 775-30(1) of the ITAA 1997.

The non-forex component of the capital loss is subject to the capital gains tax provisions in the ITAA 1997.

When the final Determination is issued, it is proposed to apply both before and after its date of issue. However, the Determination will not apply to taxpayers to the extent that it conflicts with the terms of settlement of a dispute agreed to before the date of issue of the Determination (see paragraphs 21 and 22 of Taxation Ruling TR 92/20).

Forex realisation event 1 (FRE 1) is CGT event A1 which happens when an entity disposes of foreign currency, or a right, or part of a right to receive foreign currency (subsection 775-40(1) of the Income Tax Assessment Act 1997 (ITAA 1997)).

Where FRE 1 happens, the entity makes a forex realisation gain if there is a capital gain from the event and some or all of that capital gain is attributable to a currency exchange rate effect. The amount of the forex realisation gain is that part of the capital gain (if any) which is attributable to a currency exchange rate effect (subsection 775-40(4) of the ITAA 1997).

An entity will make a forex realisation loss from FRE 1 where there is a capital loss from the event and some or all of that capital loss is attributable to a currency exchange rate effect (subsection 775-40(6) of the ITAA 1997).

The amount attributable to a currency exchange rate effect can be determined by the following formula: Amount attributable to a currency exchange rate effect = overall capital gain (or capital loss) less the non-forex component of the capital gain (or loss) where: Non-forex component of the capital gain (or loss) = foreign currency amount received on disposal less foreign currency cost of acquisition, translated to Australian currency using the exchange rate at the time of disposal of the right

This method of calculating the non-forex component of the capital gain or loss using the exchange rate at the time of disposal ensures greater consistency with the policy of recognising forex realisation gains or losses on realisation. The purpose of the core forex realisation framework in Division 775 of the ITAA 1997 is to ensure that economic gains or losses arising from currency exchange rate effects are brought to account for income tax purposes when realised. Any economic gain or loss not arising from the currency exchange rate effects arises only on realisation of the asset, that is, when the entity disposes of the foreign currency or right to receive foreign currency. The non-forex component of the capital gain (or loss) should therefore be calculated using the exchange rate at the time of disposal.

We invite you to comment on this draft Taxation Determination. Please forward your comments to the contact officer by the due date. (Note: The Tax Office prepares a compendium of comments for the consideration of the relevant Rulings Panel. The Tax Office may use a sanitised version (names and identifying information removed) of the compendium in providing its responses to persons providing comments. Please advise if you do not want your comments included in a sanitised compendium.) Due date: 17 February 2006 Contact officer: Troy Herrmann E-mail address: Troy.Herrmann@ato.gov.au Telephone: (08) 9268 5531 Facsimile: (08) 9268 5250 Address: 45 Francis Street Northbridge WA 6003