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Australia · Income Tax Rates Act 1986 s 23AA

Is your company a base rate entity?

Two tests decide whether a company pays 25% or 30%: turnover under $50 million, and passive income no more than 80% of its assessable income. Put the company’s figures in for the rate — and the rate it franks dividends at, which runs on last year’s figures, not this year’s.

Checked against the Act

Checked against the legislation — how we check.

This income year

The company’s own, plus every affiliate and connected entity — foreign ones too.

Interest, rent, royalties, most dividends and their franking credits, net capital gains, and trust or partnership shares that trace back to them.

Last income year — for the franking rate

Company tax rate this year

25%

A base rate entity: both tests met.

How it is tested

Aggregated turnover under the limit$2,400,000
Passive income share within 80%28.6%
Rate to frank at (last year’s figures)25%

Passive income against the 80% limit

This applies the two tests to the figures you give it. It does not work out aggregated turnover or decide what is passive income for you. General information, not tax advice.

The two tests

Section 23AA of the Income Tax Rates Act makes a company a base rate entity for a year if both of these are true:

  • its aggregated turnover for the year, worked out at the end of it, is less than $50 million; and
  • no more than 80% of its assessable income is base rate entity passive income.

Pass both and the rate is 25%; fail either and it is 30%. The turnover is the year’s actual figure — the ATO is explicit that last year’s turnover and estimates are irrelevant — and “aggregated” means it includes every affiliate and connected entity. The ATO’s example is a $20 million pet-accessory maker owned by a US company with $150 million of sales, all overseas: aggregated, $170 million, and so 30%.

What counts as passive income

Section 23AB lists it:

  • dividends and other distributions from companies, other than non-portfolio dividends, and the franking credits on them
  • non-share dividends
  • interest, royalties and rent
  • gains on qualifying securities
  • a net capital gain
  • a share of a partnership’s or trust’s income, to the extent it traces back to any of the above

Interest comes off the list for a company in the business of finance: a financial institution, a registered entity that carries on a general business of providing finance on a commercial basis, an Australian credit licensee or credit representative, a financial services licensee whose licence covers dealings in securities (or its authorised representative), or a kind of entity specified by legislative instrument. It also comes off to the extent it is a return on an equity interest in a company. And the capital gain catches companies by surprise: the ATO’s software developer sold the office its own staff worked in, and an $850,000 gain against $150,000 of trading income took it to 85% passive and 30% for that year.

The ATO’s examples, run through this test

The ATO's base rate entity examples and the rate this test gives each
CompanyWhat it isPassive shareRate
Happy Feet Pty Ltdsells socks online, with expansion capital in a term deposit3.8%25%
Coffee and Cake Pty Ltda cafe that is also beneficiary of the trust that rents out the premises28.6%25%
Best Equity Pty Ltda listed investment company100%30%
SoftDev Pty Ltda software developer that sold its own office building85%30%
Hats 4 Cats Pty Ltda pet-accessory maker owned by a US multinationalturnover $170 million30%

The rates are this test’s answers; each matches the one the ATO gives for its own example.

The rate you frank at is last year’s

The rate a company franks its distributions at — its “corporate tax rate for imputation purposes” — is worked out, the ATO says, by assuming this year’s aggregated turnover, assessable income and base rate entity passive income are the same as last year’s. So the two rates can part company. A business that crossed $50 million last year and fell back under it this year is taxed at 25% but franks at 30%; a company whose passive income was more than 80% of its assessable income last year, and is trading this year, is in the same position. A company that did not exist last year franks at 25%.

How the rate got to 25%

Company tax rates and the turnover threshold by income year
Income yearTurnover thresholdBase rate entitiesOther companies
2017–18$25 million27.5%30%
2018–19 to 2019–20$50 million27.5%30%
2020–21$50 million26%30%
2021–22 onwards$50 million25%30%

Frequently asked questions

Is a base rate entity the same as a small business entity?
No, and the lower rate only ever asks about one of them. Since the 2017–18 income year a company needs to be a base rate entity, not a small business entity, to get the lower rate. The two are separate tests, and passing one does not mean you pass the other — check the $50 million and 80% tests above, not the small business ones.
Does a bucket company qualify?
It depends on what its trust distributions are made of, not on the label. A share of a trust’s trading profit is not passive income. A share that traces back to rent, interest, dividends or a capital gain is, because section 23AB follows the money through the trust. The ATO’s cafe example turns on exactly this — $200,000 of rent reaching the company through a trust is passive income.
Does interest on the business bank account count?
Yes — interest is on the passive list for any company that is not in the business of finance. It rarely matters: in the ATO’s own example, $4,000 of term-deposit interest against $100,000 of trading income is 3.8%, nowhere near the limit. It starts to matter when a company has sold its business and is living on the proceeds.
What rate does a brand-new company frank at?
25%. The franking rate is normally worked out from last year’s figures, and a company that did not exist last year has none — the ATO treats it as a base rate entity for that purpose. Its tax rate for the year is still decided on the year’s real figures, so a first-year company whose passive income turns out to be more than 80% of its assessable income can frank at 25% and be taxed at 30%.

Sources

  • Income Tax Rates Act 1986 — Income Tax Rates Act 1986 s 23 (company rates), s 23AA (meaning of base rate entity) and s 23AB (base rate entity passive income). C2026C00300 (Compilation No. 66).
  • ATO QC54063 — ATO — Changes to company tax rates: the tests, the rate history, five worked examples and the franking rule. Last updated 4 September 2026.

How this site verifies figures is on the methodology page.