Hi Lazin
The concern is the franking credits, although that is often academic because of the $5000 clause.
45 day rule. below is lifted from ato page.
Refunding franking credits - individuals
What are the anti-avoidance rules?
Resident individuals are not eligible for the tax offset or a refund of excess franking credits if the anti-avoidance rules are triggered. The anti-avoidance rules include the holding period rule and the related payments rule.
The holding period rule applies to shares bought on or after 1 July 1997. It requires the individual to hold the shares 'at risk' for at least 45 days (90 days for preference shares and not counting the day of acquisition or disposal) to be eligible for a tax offset in relation to the franking credit. The holding period rule only needs to be satisfied once for each purchase of shares.
Note: This rule does not apply if the individual's total franking credits entitlement for the year of income is below $5,000.
The related payments rule applies to arrangements entered into after 7.30pm (Australian Eastern Standard Time) on 31 May 1997. It applies to an individual if they make, are under an obligation to make, or are likely to make, a 'related payment'. A related payment is a payment that passes on the benefit of the franked dividend to someone else.
If the rule applies, and the individual does not hold the shares 'at risk' for a period of 45 days (90 days for preference shares), the individual is prevented from receiving a tax offset in relation to the franking credits. The related payments test must be satisfied for each dividend payment and distribution.
Note: This rule applies even if the individual’s total franking credits entitlement for the year is below $5,000.
cheers
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