• # Worked example of calculations for a non-ADI general inward investment vehicle

 On 25 October 2022, the government announced amendments to strengthen Australia’s thin capitalisation rules. The amendments will apply for income years commencing on or after 1 July 2023. Under the new measures, general class entities will be subject to one of 3 new tests: 1. fixed ratio test 2. group ratio test 3. third party debt test. Financial entities and ADIs will continue to be subject to the existing thin capitalisation rules, except for the existing arm’s length debt test which will be repealed.

The five steps a non-ADI general inward investment vehicle takes to calculate if they have met the thin capitalisation rules are:

• Step 1: Calculate the adjusted average debt
• Step 2: Calculate the safe harbour debt amount
• Step 3: Calculate the arm's length debt amount
• Step 4: Calculate the worldwide gearing debt amount
• Step 5: Calculate debt deductions disallowed.

This worked example goes through each of these steps.

Worked example

Aust Co is a general Australian entity. It is wholly owned by a foreign company (the worldwide parent entity) called For Co. This makes Aust Co an inward investment vehicle. Aust Co also owns 60% of the equity in an Australian company, which is also a general entity – Ozzie Co. Aust Co has \$1.5 million of non-debt liabilities and has borrowed:

• \$9 million from an unrelated financial institution
• \$5 million from its foreign parent.

Aust Co has also:

• invested \$6 million equity in Ozzie Co
• lent Ozzie Co \$3 million.

The \$6 million equity investment represents what Aust Co paid a third party for 60% of the equity in Ozzie Co. For Co has invested \$4 million equity in Ozzie Co and owns 40% of the equity in Ozzie Co.

Neither Aust Co nor Ozzie Co has any overseas permanent establishments. All loans are at commercial interest rates. No election has been made to form a consolidated group for tax purposes.

For the purposes of this example, Aust Co is the only entity being tested under the thin capitalisation rules. The test year is the 2014–15 income year.

The table below shows Aust Co's assets and liabilities for year ending 30 June 2015 – average values using the opening and closing balances option.

Assets

\$m

Liabilities

\$m

Current
Loan to Ozzie Co
Equity in Ozzie Co*
Building & plant

4
3
6
4

Loans
Non-debt liabilities
Share capital

14
1.5
1.5

17

17

 Aust Co has \$2,100,000 million worth of debt deductions in the 2014–15 income year and fails the debt deduction de-minimus test. Because Aust Co is foreign controlled, it cannot apply the asset de-minimus test.

The table below shows Ozzie Co's assets and liabilities at 1 July 2014.

Assets

\$m

Liabilities

\$m

Current assets
Buildings & plant

6
8

Share capital
Retained earnings
Loan
Non-debt liabilities

9.5
1
3
0.5

14

14

The table below shows Ozzie Co's assets and liabilities at 30 June 2015.

Assets

\$m

Liabilities

\$m

Current assets
Buildings & plant

6.5
8

Share capital
Retained earnings
Loan
Non-debt liabilities

9.5
1.5
3
0.5

14.5

14.5

For the purposes of this example, the worldwide parent entity’s audited consolidated financial statement at 30 June 2015 show:

• Statement worldwide debt of \$20 million
• Statement worldwide equity of \$30 million
• Statement worldwide assets of \$50 million.

## Step 1: Calculate Aust Co's adjusted average debt

Worksheet 1: Aust Co's step 1

Steps

\$m

Step 1.1: The average value of all Aust Co's debt capital that gives rise to debt deductions is \$14m

Average debt capital

(A)

14

Step 1.2: Aust Co's associate entity debt is the \$3m debt interest issued by Ozzie Co

Average associate entity debt

(B)

3

Step 1.3: All Aust Co's debt capital gives rise to debt deductions

Average cost-free debt capital

(C)

0

Step 1.4: Aust Co's adjusted average debt is \$11m

Adjusted average debt (AB + C)

=

11

Aust Co's adjusted average debt is \$11 million. This is now compared to Aust Co's maximum allowable debt, which is the greater of its:

• safe harbour debt amount
• arm's length debt amount
• worldwide gearing debt amount.

Aust Co can calculate these amounts in any order it chooses and does not necessarily have to calculate all amounts.

## Step 2: Calculate Aust Co's safe harbour debt amount

Worksheet 2: Aust Co's step 2

Steps

\$m

Step 2.1: The average value of Aust Co's assets is \$17m

Average assets

(D)

17

Step 2.1A: None of the equity interests issued by Aus Co are excluded equity interests

Average excluded equity interests

(JJ)

0

Step 2.2: The average value of Aust Co's associate entity debt is \$3m

Average associate entity debt (from B on worksheet 1)

(B)

3

Step 2.3: The average value of Aust Co's associate entity equity is the \$6m invested in Ozzie Co

Average associate entity equity

(E)

6

Step 2.4: The average value of Aust Co's non-debt liabilities is \$1.5m

Average non-debt liabilities

(F)

1.5

Step 2.5: Reduce Aust Co's average assets by the amounts at JJ, B, E & F

DJJBEF

(G)

6.5

Step 2.6: Multiply the result at G by 3/5

G x 3/5

(H)

3.9

Step 2.7: The average value of Aust Co's associate entity excess is \$3.42million – see worksheet 2A

Average associate entity excess amount from J on worksheet 2A

(J)

3.42

Step 2.8: Aust Co's safe harbour debt amount is \$7.32 m

Safe harbour debt amount = H + J

7.32

## Step 2A: Calculate Aust Co's average associate entity excess amount for the safe harbour debt amount

Aust Co's associate entity excess amount is calculated on each of its measurement days. Aust Co uses the opening and closing balances method so its measurement days are 1 July 2014 (the first day of the period) and 30 June 2015 (the last day of the period).

Worksheet 2A: Aust Co's step 2A

Steps

1 July 2014
\$m

30 June 2015
\$m

Step 2A.1: Aust Co's associate entity equity on a measurement day is the \$6m invested in Ozzie Co

Aust Co's associate entity equity on a measurement day

(K)

6

6

Step 2A.2: The value of Ozzie Co's equity capital attributable to Aust Co (60%) is \$6.3m on 1 July and \$6.6m on 30 June

Ozzie Co's equity capital attributable to Aust Co on a measurement day

(L)

6.3

6.6

Step 2A.3: Aust Co's premium excess amount is calculated by reducing the amount at K by the amount at L and multiplying the result by 3/5

(KL)   3/5.

(M)

(0.18)

(0.36)

Step 2A.4: Ozzie Co's safe harbour debt amount (calculated using step 2 and worksheet 2 of this guide) on a measurement day is assets less non-debt liabilities multiplied by 3/5

Ozzie Co's safe harbour debt amount on a measurement day

(N)

8.1

8.4

Step 2A.5: Ozzie Co's adjusted average debt (calculated using step 1 and worksheet 1 of this guide) is the \$3m borrowed from Aust Co

Ozzie Co's adjusted average debt on a measurement day

(P)

3

3

Step 2A.6: Ozzie Co's excess borrowing capacity is safe harbour debt less adjusted average debt

NP

(Q)

5.1

5.4

Step 2A.7: The value of Ozzie Co's equity capital attributable to Aust Co on a measurement day is the same as the amounts at L

Ozzie Co's equity capital attributable to Aust Co on a measurement day

(R)

6.3

6.6

Step 2A.8: Ozzie Co's total equity capital is \$10.5 on 1 July and \$11m on 30 June

Ozzie Co's total equity capital

(S)

10.5

11

Step 2A.9: The proportion of Ozzie Co's equity capital held by Aust Co is 60%

R   S

(T)

0.6

0.6

Step 2A.10: The attributable safe harbour excess amount is the proportion of equity capital held by Aust Co, (60%), multiplied by the excess borrowing capacity (Q)

Q   T

(U)

3.06

3.24

Step 2A.11: The associate entity excess amount is the sum of premium excess amount and the safe harbour excess amount

M + U

(V)

3.24

3.6

Step 2A.12: Aust Co has only one associate entity, so W is the same as V

Transfer from V

(W)

3.24

3.6

Step 2A.13: W is calculated for the other measurement day. This has been done in the far right column

(3.24 + 3.6) /2

(J)

3.42

Transfer to J on worksheet 2

Aust Co's safe harbour debt amount is \$7,320,000. Aust Co's adjusted average debt amount is more than this amount. Aust Co can calculate an alternative amount under the arm's length debt amount test (though this may not be higher than the safe harbour debt amount) and the worldwide gearing debt amount or can use the safe harbour debt amount as its maximum allowable debt.

## Step 3: Calculate Aust Co's arm's length debt amount

For the purposes of this exercise, assume Aust Co chooses not to calculate an arm's length debt.

## Step 4: Calculate Aust Co's worldwide gearing debt amount

An entity cannot use the worldwide gearing debt test unless it satisfies an assets threshold. This threshold requires that the entity’s Australian assets represent no more than 50 per cent of the consolidated group’s worldwide assets.

Aust Co’s.average Australian assets for the year are \$17m and statement worldwide assets is \$50m. The result of applying the above formula is 0.34, therefore Aust Co is eligible to apply the new worldwide gearing debt test.

Worksheet 4: Aust Co's step 4

 Steps Step 4.1: Aust Co's statement worldwide debt is \$20m Statement worldwide debt does not include debt lent from an entity within the worldwide group Statement worldwide debt (Z) \$20m Step 4.2: Aust Co's statement worldwide equity is \$30m Note: worldwide equity does not include equity invested from an entity within the worldwide group Worldwide equity (AA) \$30m Step 4.3: Aust Co's worldwide gearing ratio is calculated by dividing its worldwide debt by its worldwide equity Z / AA (BB) 0.6666666 Step 4.4: Insert the amount of BB at CC BB (CC) .6666666 Step 4.5: Add 1 (one) to the amount at CC CC + 1 (DD) 1.6666666 Step 4.6: Divide the amount at CC by the amount at DD CC   DD (EE) 0.3999999 Step 4.7: The gearing ratio is applied to Aust Co's net assets as calculated at G on worksheet 2 EE x  \$6.5 (FF) \$2,599,999 Step 4.8: Add the average value of Aust Co's associate entity excess amount Average associate entity excess amount from Step 4A \$2m Step 4.9: Aust Co's worldwide gearing debt amount is calculated by adding the amounts at FF and GG Worldwide gearing debt amountFF + GG \$4,599,999

## Step 4A: Calculate Aust Co's average associate entity excess amount for the worldwide gearing debt amount

For the purposes of this exercise, assume Aust Co has an associate excess amount of \$2m.

• section 820-920 of the ITAA 1996 for method statement.

Aust Co's worldwide gearing debt amount is \$4,599,999. This is less than its safe harbour debt amount. Aust Co can calculate an alternative amount under the arm's length debt test. Aust Co could also choose to not calculate an arm's length debt amount (as this may be less than safe harbour debt amount as well) and use the safe harbour debt amount as its maximum allowable debt to calculate the proportion of debt deductions that is disallowed.

## Step 5: Calculate Aust Co's debt deductions disallowed

Aust Co's maximum allowable debt is \$7,320,000 – the safe harbour debt amount. As Aust Co's adjusted average debt (\$11 million) is more than its maximum allowable debt, a proportion of its debt deductions will be disallowed.

Aust Co's debt deductions are \$2.1 million.

Worksheet 5: Aust Co's step 5

Steps

\$m

Step 5.1: Aust Co's adjusted average debt is \$11m and its maximum allowable debt is \$7,320,000

Excess debt (\$11m − \$7.32)

(X)

\$3.68

Step 5.2: Aust Co's average debt is \$14m. It includes debt on-lent to associate entities.

Average debt

(Y)

\$14

Step 5.3: Divide the amount at X by the amount at Y to get the proportion to be applied to Aust Co's debt deductions

X   Y

\$3.68m / \$14m

(Z)

0..262857

Step 5.4: Aust Co's debt deductions are \$2.1m for the income year

Debt deductions

(AA)

\$2.1

Step 5.5: Multiply the amount at Z by the amount at AA. This is the total debt deductions disallowed to Aust Co

Z   AA

0.262857 x  \$2.1

=\$0.551999

Aust Co is disallowed \$551,999 of its debt deductions.