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  • IRPD debt factoring or debt securitisation

    Table 48: IRPD debt factoring or debt securitisation

    Code

    Description of transaction category

    IDF

    Inward debt factoring

    Any IRPDs in the nature of inward debt factoring that is broadly an arrangement under which the reporting entity (factor) purchases accounts receivables at a discount from an IRP to provide working capital to the selling IRP.

    The reporting entity (factor) then collects the receivables from the IRP's customers.

    Debt factoring agreements can either be recourse or non-recourse arrangements. With recourse debt factoring, the factor does not assume the risk of bad debts and may seek recourse from the business for any uncollectible debts. With non-recourse debt factoring, the exchange of the receivables essentially transfers ownership of the receivables to the factor, such that the factor obtains all of the rights and risks associated with the receivables.

    The term ‘debt factoring’ has its ordinary meaning within the context of commercial practices.

    ODF

    Outward debt factoring

    Any IRPDs in the nature of outward debt factoring that is broadly an arrangement under which the reporting entity sells its accounts receivables at a discount to an IRP (factor) to obtain working capital.

    The IRP (factor) then collects the receivables from the reporting entity's customers.

    Debt factoring agreements can either be recourse or non-recourse arrangements. With recourse debt factoring, the factor does not assume the risk of bad debts and may seek recourse from the business for any uncollectible debts. With non-recourse debt factoring, the sale of the receivables essentially transfers ownership of the receivables to the factor, such that the factor obtains all of the rights and risks associated with the receivables.

    The term ‘debt factoring’ has it ordinary meaning within the context of commercial practices.

    IDSEC

    Inward debt securitisation

    Any IRPDs in the nature of a structured finance arrangement under which the reporting entity purchases financial assets of the IRP through debt securitisation.

    Securitisation is a structured finance arrangement where an entity (the originator) sells a portfolio of financial assets to a special purpose vehicle. To acquire the assets from the originator, the special purpose vehicle issues tradable securities to fund the purchase. Investors purchase the securities, either through a private offering (for example, by targeting institutional investors) or on the open market. The originator will retain a beneficial interest in the performance of the securities and may also receive a service fee.

    The term ‘debt securitisation’ has its ordinary meaning within the context of commercial practices.

    ODSEC

    Outward debt securitisation

    Any IRPDs in the nature of a structured finance arrangement under which the reporting entity sells financial assets to the IRP through debt securitisation.

    Securitisation is a structured finance arrangement where an entity (the originator) sells a portfolio of financial assets to a special purpose vehicle. To acquire the assets from the originator, the special purpose vehicle issues tradable securities to investors. The investors purchase the securities, either through a private offering (for example, by targeting institutional investors) or on the open market. The originator will retain a beneficial interest in the performance of the securities and may also receive a service fee.

    The term ‘debt securitisation’ has its ordinary meaning within the context of commercial practices.

    Special instructions for showing book value and consideration received/paid for debt factoring or debt securitisation arrangements

    For debt factoring or debt securitisation arrangements, the book value of factored receivables or relevant financial assets, and the consideration paid or received for the factored receivables or relevant financial assets, is shown in the table below.

    Table 49: Book value and consideration

    Book value and consideration paid/received for each transaction category

    Where shown at Part A of local file

    IRP inward debt factoring

    • Book value of factored receivables
     

    Question 8 – Amount of consideration received (of a capital nature for income tax purposes)

    IRP inward debt factoring

    • Consideration paid by reporting entity for factored receivables
     

    Question 7 – Amount of consideration paid (of a capital nature for income tax purposes)

    IRP outward debt factoring

    • Book value of factored receivables
     

    Question 7 – Amount of consideration paid (of a capital nature for income tax purposes)

    IRP outward debt factoring

    • Consideration received by reporting entity for factored receivables

     

    Question 8 – Amount of consideration received (of a capital nature for income tax purposes)

    IRP inward debt securitisation

    • Book value of transferred financial assets

     

    Question 8 – Amount of consideration received (of a capital nature for income tax purposes)

    IRP inward debt securitisation

    • Consideration paid by reporting entity for transferred financial assets

     

    Question 7 – Amount of consideration paid (of a capital nature for income tax purposes)

    IRP outward debt securitisation

    • Book value of transferred financial assets

     

    Question 7 – Amount of consideration paid (of a capital nature for income tax purposes)

    IRP outward debt securitisation

    • Consideration received by reporting entity for transferred financial assets

     

    Question 8 – Amount of consideration received (of a capital nature for income tax purposes)

    More detail is provided below about how to show the book value and the consideration paid or received for debt factoring and debt securitisation arrangements at Questions 7 and 8.

    1. What is the transaction category?

    Select the transaction category for the IRPD transaction.

    (LCMSF32)

    1. Is this transaction part of a RAS?

    If this transaction is covered by an IRPD agreement in a RAS, indicate True.

    Otherwise indicate False.

    (LCMSF33)

    1. How many transactions are part of the RAS?

    If the transaction is part of a RAS, indicate the applicable range for the number of the transactions in the same RAS that were current during the income year:

    • Low (1–5)
    • Moderate (6–50)
    • High (51 or more)

    (LCMSF35)

    1. ABN or TFN of the Australian counterparty to the transaction/RAS

    Show the ABN or TFN of the Australian counterparty (which may be the reporting entity itself) to the transaction/RAS.

    (LCMSF83 and LCMSF84)

    1. Name of the IRP non-resident counterparty to the transaction/RAS

    Show the full name of the IRP non-resident counterparty to this type of IRPD.

    The full name to be shown is the complete name of the IRP non-resident counterparty entity. While this would be expected to usually correspond with the name of the relevant party in any associated written agreement documentation, the full correct name of the entity should be shown at Part A even if this is not exactly the same as the name used in any associated written agreement documentation.

    (LCMSF37)

    1. Tax residency of the IRP non-resident counterparty to the transaction/RAS

    Show the country codeExternal Link for the country of tax residence of the IRP non-resident counterparty to this transaction/RAS.

    (LCMSF38)

    1. Amount of consideration paid (of a capital nature for income tax purposes) for the transaction/RAS

    The reporting rules for showing the amount of consideration paid of a capital nature at this question depend on the nature of the debt factoring and debt securitisation arrangements.

    IRP financial dealing is IRP inward debt factoring

    Show the aggregate consideration paid for the receivables sold or assigned by the IRP to the reporting entity (factor) for the inward debt factoring IRP transaction/RAS during the income year.

    If no amount of a capital nature was paid by the reporting entity for the receivables sold or assigned by the IRP for the inward debt factoring IRP transaction/RAS during the income year, show zero.

    IRP financial dealing is IRP outward debt factoring

    Show the aggregate book value of the receivables sold or assigned to the IRP factor for the outward debt factoring IRP transaction/RAS during the income year.

    IRP financial dealing is IRP inward debt securitisation

    Show the aggregate consideration paid for the financial assets transferred to or acquired by the reporting entity for the inward debt securitisation IRP transaction/RAS during the income year.

    If no amount of a capital nature was paid by the reporting entity for the financial assets transferred to or acquired by the reporting entity for the inward debt securitisation IRP transaction/RAS during the income year, show zero.

    IRP financial dealing is IRP outward debt securitisation

    Show the aggregate book value of the financial assets transferred to or acquired by the IRP for the outward debt securitisation IRP transaction/RAS during the income year.

    (LCMSF39)

    1. Amount of consideration received (of a capital nature for income tax purposes) for the transaction/RAS

    The reporting rules for showing the amount of consideration received of a capital nature at this question depend on the nature of the debt factoring and debt securitisation arrangements.

    IRP financial dealing is IRP inward debt factoring

    Show the aggregate book value of the receivables sold or assigned by the IRP to the reporting entity (factor) for the inward debt factoring IRP transaction/RAS during the income year.

    IRP financial dealing is IRP outward debt factoring

    Show the aggregate consideration received for the receivables sold or assigned by the reporting entity to the IRP factor for the outward debt factoring IRP transaction/RAS during the income year.

    If no amount of a capital nature was received by the reporting entity for the receivables sold or assigned by the reporting entity to the IRP factor for the outward debt factoring IRP transaction/RAS during the income year, show zero.

    IRP financial dealing is IRP inward debt securitisation

    show the aggregate book value of the financial assets transferred to or acquired by the reporting entity for the inward debt securitisation IRP transaction/RAS during the income year.

    IRP financial dealing is IRP outward debt securitisation

    Show the aggregate consideration received for the financial assets transferred to or acquired by the IRP for the outward debt securitisation IRP transaction/RAS during the income year.

    If no amount of a capital nature was received by the reporting entity for the financial assets transferred to or acquired by the IRP for the outward debt securitisation IRP transaction/RAS during the income year, show zero.

    (LCMSF40)

    1. Was non-monetary consideration provided (of a capital nature for income tax purposes) for the transaction/RAS?

    If non-monetary consideration of a capital nature was provided by the reporting entity in connection with this transaction/RAS during the income year, indicate True.

    Otherwise indicate False.

    (LCMSF86)

    1. Was non-monetary consideration obtained (of a capital nature for income tax purposes) for the transaction/RAS?

    If non-monetary consideration of a capital nature was obtained by the reporting entity in connection with this transaction/RAS during the income year, indicate True.

    Otherwise indicate False.

    (LCMSF86)

    1. Amount of expenditure (not of a capital nature for income tax purposes) for the transaction/RAS

    The reporting rules for showing the amount of expenditure not of a capital nature for income tax purposes at this question depend on the nature of the debt factoring and debt securitisation arrangements.

    IRP financial dealing is IRP inward debt factoring

    Show the amount of expenditure not of a capital nature for income tax purposes for the inward debt factoring IRP transaction/RAS during the income year based on the reporting entity’s accounting records, excluding the consideration paid for the receivables sold or assigned by the IRP to the reporting entity (factor) shown at Question 7.

    If there was no amount of expenditure not of a capital nature for income tax purposes for the inward debt factoring IRP transaction/RAS during the income year based on the reporting entity’s accounting records, show zero.

    IRP financial dealing is IRP outward debt factoring

    Show the amount of expenditure not of a capital nature for income tax purposes for the outward debt factoring IRP transaction/RAS during the income year based on the reporting entity’s accounting records.

    If there was no amount of expenditure not of a capital nature for income tax purposes for the outward debt factoring IRP transaction/RAS during the income year based on the reporting entity’s accounting records, show zero.

    IRP financial dealing is IRP inward debt securitisation

    Show the amount of expenditure not of a capital nature for income tax purposes for the inward debt securitisation IRP transaction/RAS during the income year based on the reporting entity’s accounting records, excluding any consideration paid for the financial assets transferred to or acquired by you from the IRP shown at Question 7.

    If there was no amount of expenditure not of a capital nature for income tax purposes for the inward debt securitisation IRP transaction/RAS during the income year based on the reporting entity’s accounting records, show zero.

    IRP financial dealing is IRP outward debt securitisation

    Show the amount of expenditure not of a capital nature for income tax purposes for the outward debt securitisation IRP transaction/RAS during the income year based on the reporting entity’s accounting records.

    If there was no amount of expenditure not of a capital nature for income tax purposes for the outward debt securitisation IRP transaction/RAS during the income year based on the reporting entity’s accounting records, show zero.

    (LCMSF41)

    1. Amount of revenue (not of a capital nature for income tax purposes) for the transaction/RAS

    The reporting rules for showing the amount of revenue not of a capital nature for income tax purposes at this question depend on the nature of the debt factoring and debt securitisation arrangements.

    IRP financial dealing is IRP inward debt factoring

    Show the amount of revenue not of a capital nature for income tax purposes for the inward debt factoring IRP transaction/RAS during the income year based on the reporting entity’s accounting records.

    If there was no amount of revenue not of a capital nature for income tax purposes for the inward debt factoring IRP transaction/RAS during the income year based on the reporting entity’s accounting records, show zero.

    IRP financial dealing is IRP outward debt factoring

    Show the amount of revenue not of a capital nature for income tax purposes for the outward debt factoring IRP transaction/RAS during the income year based on the reporting entity’s accounting records, excluding the consideration received for the receivables sold or assigned by the reporting entity to the IRP factor shown at Question 8.

    If there was no amount of revenue not of a capital nature for income tax purposes for the outward debt factoring IRP transaction/RAS during the income year based on the reporting entity’s accounting records, show zero.

    IRP financial dealing is IRP inward debt securitisation

    Show the amount of revenue not of a capital nature for income tax purposes for the inward debt securitisation IRP transaction/RAS during the income year based on the reporting entity’s accounting records.

    If there was no amount of revenue not of a capital nature for income tax purposes for the inward debt securitisation IRP transaction/RAS during the income year based on the reporting entity’s accounting records, show zero.

    IRP financial dealing is IRP outward debt securitisation

    Show the amount of revenue not of a capital nature for income tax purposes for the outward debt securitisation IRP transaction/RAS during the income year based on the reporting entity’s accounting records, excluding the consideration received for the financial assets transferred to or acquired by the IRP shown at Question 8.

    (LCMSF42)

    1. Was non-monetary consideration provided (not of a capital nature for income tax purposes) for the transaction/RAS?

    If non-monetary consideration not of a capital nature for income tax purposes was provided by the reporting entity in connection with this transaction/RAS during the income year, indicate True.

    Otherwise indicate False.

    (LCMSF44)

    1. Was non-monetary consideration obtained (not of a capital nature for income tax purposes) for the transaction/RAS?

    If non-monetary consideration not of a capital nature was obtained by the reporting entity in connection with this IRP transaction/RAS during the income year, indicate True.

    Otherwise indicate False.

    (LCMSF45)

    1. Amount of foreign exchange losses deducted for the transaction/RAS

    Show the amount of foreign exchange losses deducted for income tax purposes by the reporting entity in connection with this transaction/RAS under Division 775 of the ITAA 1997 o, if applicable, the taxation of financial arrangements (TOFA) provisions in Division 230 of the ITAA 1997 for the income year.

    For more information about the circumstances in which foreign exchange gains are assessable and foreign exchange losses are deductible for Australian income tax purposes, refer to Appendix 3.

    If there was no foreign exchange loss deducted for income tax purposes in connection with this transaction/RAS for the income year, show zero.

    (LCMSF87)

    1. Amount of foreign exchange gains returned for the transaction/RAS

    Show the amount of foreign exchange gains assessable for income tax purposes in connection with this transaction/RAS under Division 775 of the ITAA 1997 or, if applicable, the TOFA provisions in Division 230 of the ITAA 1997 for the income year.

    For more information about the circumstances in which foreign exchange gains are assessable and foreign exchange losses are deductible for Australian income tax purposes, refer to Appendix 3.

    If there was no foreign exchange gain assessable for income tax purposes in connection with this transaction/RAS, show zero.

    (LCMSF43)

    1. What transfer pricing / capital asset pricing methodology has been applied to this transaction/RAS?

    If the reporting entity does not know which transfer pricing methodology has been applied to this transaction/RAS, select the code UNKT (Unknown TP Method).

    If the reporting entity does not know which capital asset pricing methodology has been applied to this transaction/RAS, select the code UNKC (Unknown CAP Method).

    (LCMSF46)

    1. What level of transfer pricing documentation has been prepared for this transaction/RAS?

    The level of transfer pricing documentation refers to the aggregate dollar amount of this transaction/RAS for which the reporting entity has prepared relevant transfer pricing documentation, expressed as a percentage of total dollar value of this transaction/RAS.

    1 = 0%

    2 = 1% to less than 25%

    3 = 25% to less than 50%

    4 = 50% to less than 75%

    5 = 75% to less than 100%

    6 = 100%

    If this transaction/RAS meets the conditions for the 7 = STPRK (Materiality) Simplified Transfer Pricing Record keeping (STPRK) option in PCG 2017/2 Simplified Transfer Pricing Record Keeping Options, show the codes for the STPRK option applied to the transaction/RAS.

    (LCMSF47)

    1. If the reporting entity is a bank and this transaction is in a RAS, has the special short term tenor rule for ordinary borrowings and ordinary loans been applied to this RAS?

    Always indicate False if the transaction category is not ordinary borrowings or ordinary loans.

    (LCMSF88)

    1. If the reporting entity is a bank and this of transaction is in a RAS, has the special short term tenor rule for short term derivatives been applied to this RAS?

    Always indicate False if the transaction category is not derivatives.

    1. If the reporting entity is a bank and this transaction is in a RAS, has the special rule for FX derivatives been applied to this RAS?

    Always indicate False if the transaction category is not derivatives.

    (LCMSF129)

    1. If the reporting entity is an OBU, is this transaction/RAS an OB activity?

    If the reporting entity is an OBU and this transaction/RAS is an OB activity under sections 121D and 121EAA of the ITAA 1936, indicate True.

    Otherwise indicate False.

    (LCMSF63)

    1. Is this transaction/RAS covered by a category on the exclusions list?

    Indicate False, since none of the categories on the exclusions list can apply to debt factoring or debt securitisation arrangements.

    1. What category of the exclusions list applies to this transaction/RAS?

    Not applicable.

    Reporting example: IRPD debt factoring or debt securitisation

    Example 13: Outward debt factoring to Singapore IRP

    Aus Co is a company that is resident in Australia for tax purposes.

    Aus Co has an income tax year ending 30 June.

    Aus Co’s functional currency for Australian tax purposes is Australian dollars.

    During the income year, Aus Co assigned 35 debt receivables to an IRP resident for tax purposes in Singapore (Singapore Co) under a debt factoring arrangement.

    The assignment of all the debt receivables to Singapore Co are with the same IRP and are on the same terms except for date, volume, price and delivery. Accordingly these assignments by way of debt factoring are in the same RAS with the result that the values for all assignments for the 35 debt receivables can be aggregated in Part A of the local file.

    The assigned receivables had an aggregate book value of A$100 million. The consideration received by Aus Co from Singapore Co for the assigned receivables was A$45 million based on Aus Co’s accounting records.

    Aus Co has applied the transfer pricing methodology ‘Comparable uncontrolled price method’ to all these assignments by way of debt factoring to Singapore Co.

    Aus Co has prepared relevant contemporaneous transfer pricing documentation for 100% of its assignments by way of debt factoring to Singapore Co.

    Aus Co is not an OBU. Aus Co does not have a conditional or unconditional Australian banking licence.

    Aus Co completes the questions for the IRP transactions / RAS in this example based on its accounting records as shown in the following tables.

     

    Table 50: Completed entry – Singapore Co (Outward debt factoring)
    Table 50: Completed entry – Singapore Co (Outward debt factoring)

    Question no.

    Question label

    Response

    na

    Local file – Part A Transaction Identifier

    [Transaction ID]

    1

    Transaction category

    ODF

    2

    Is this transaction part of a RAS?

    True

    3

    How many transactions are part of the RAS?

    Moderate

    4

    ABN or TFN of the Australian counterparty to the transaction/RAS

    [ABN or TFN]

    5

    Name of the IRP non-resident counterparty to the transaction/RAS

    Singapore Co

    6

    Tax residence of the IRP non-resident counterparty to the transaction/RAS

    SG

    7

    Amount of consideration paid (of a capital nature for income tax purposes) for the transaction/RAS

    100000000

    8

    Amount of consideration received (of a capital nature for income tax purposes) for the transaction/RAS

    45000000

    9

    Was non-monetary consideration provided (of a capital nature for income tax purposes) for the transaction/RAS?

    False

    10

    Was non-monetary consideration obtained (of a capital nature for income tax purposes) for the transaction/RAS?

    False

    11

    Amount of expenditure (not of a capital nature for income tax purposes) for the transaction/RAS

    0

    12

    Amount of revenue (not of a capital nature for income tax purposes) for the transaction/RAS

    0

    13

    Was non-monetary consideration provided (not of a capital nature for income tax purposes) for the transaction/RAS?

    False

    14

    Was non-monetary consideration obtained (not of a capital nature for income tax purposes) for the transaction/RAS?

    False

    15

    Amount of foreign exchange losses deducted for the transaction/RAS

    0

    16

    Amount of foreign exchange gains returned for the transaction/RAS

    0

    17

    What transfer pricing / capital asset pricing methodology has been applied to the transaction/RAS?

    CUP

    18

    What level of transfer pricing documentation has been prepared for this transaction/RAS?

    6

    19

    If the reporting entity is a bank and transaction is in a RAS, has the special short term tenor rule for ordinary borrowings and ordinary loans been applied to this RAS?

    False

    20

    If the reporting entity is a bank and this transaction is in a RAS, has the special short term tenor rule for short term derivatives been applied to this RAS?

    False

    21

    If the reporting entity is a bank and this transaction is in a RAS, has the special rule for FX derivatives been applied to this RAS?

    False

    22

    If the reporting entity is an OBU, is this transaction/RAS an OB activity?

    False

    23

    Is this transaction/RAS covered by a category on the Exclusions List?

    False

    24

    What category of the Exclusions List applies to this transaction/RAS?

     na

     

    End of example
      Last modified: 26 Apr 2018QC 52807