The Australian taxation office is proposing new rules that will better define the accounting and therefore tax treatment of convertible and hybrid securities. The proposals are designed to increase transparency, and define whether such instruments are equity, in which case their distributions will be franked (and therefore taxed at a lower rate for Australian investors), or whether they are debt instruments, in which case the interest payments will be tax deductible for the issuers. As it stands, Australia's tax regime has discouraged the issuance of convertible bonds in favour of either hybrid securities such as the Woolworths income securities or convertible preference share issues. The Woolworth notes, for example, are perpetual income securities and are tax deductible as interest paying notes for the issuer.
March 23, 2001