the ATO gives this example:
Example 7: Substantially identical shares
Jessica has held 10,000 shares in Mimosa Pty Ltd for 12 months. She purchased an additional 4,000 shares in Mimosa Pty Ltd 10 days before they became ex-dividend (the day after the last day on which acquisition of the shares will entitle you to receive a dividend) and then sold 4,000 shares 20 days after Mimosa Pty Ltd shares became ex-dividend. Her total franking credit entitlement for the income year was more than $5,000. The shares she sold are deemed to have been held for less than 45 days, based on the last in first out method. Jessica would not be entitled to the franking credits on the 4,000 shares sold.
what i'm unclear on is if i did something slightly different to the above:
day 1: buy 1000 ANZ
day 20: ANZ goes ex-div
day 30: buy 1000 ANZ and sell 1000 ANZ (vertical option spread where both legs have expired ITM)
day 50: sell 1000 ANZ
i will have more than $5,000 in franking credits for the year. can i still claim the franking credits on the first lot of 1000 bought on day 1 by declaring that the units sold on day 30 all come from the lot that was bought on day 30?
ATO won't give an answer over the phone. they also don't take email queries anymore, have to send a letter by snail mail (what is this, are we still living in the 20th century?) which is a bit of a hassle, and who knows whether they'll even respond. so i was hoping if someone might know for sure what the ruling is in this sort of situation?