ato logo
Search Suggestion:

O

Explains thin capitalisation terms we use that begin with O.

Last updated 23 July 2024

On-lent amount

This is a term used in the adjusted on-lent amount calculation for a financial entity to describe all amounts the entity has lent to other entities. It also includes the value of certain leases and certain securities agreements.

An on-lent amount is relevant to calculating a financial entity's safe harbour debt amount. Generally, on-lent amounts represent the financial entity's on-lending business, which is subject to a concessionary on-lending rule.

A financial entity's on-lent amount is the sum of the following assets:

  • the value of debt interests issued to the financial entity by other entities
  • the value of leases for the hire of goods that are not debt interests issued by other entities where the  
    • leases are for 6 months or more
    • leases are part of the business of hiring goods carried on by the financial entity
    • financial entity's business of hiring goods is not carried on predominantly for the purpose of hiring goods to any of its associates
  • the value of securities held by the financial entity that  
    • have been sold by the entity under a reciprocal purchase agreement, sell-buyback arrangement or securities loan arrangement
    • have not yet been repurchased by the entity under the agreement or arrangement
  • for entity's carrying on a business of dealing in securities but not predominately for the purposes of dealing in securities with, or on behalf of, the entity's associates, all the shares that  
    • the entity holds
    • are listed for quotation in the official list of an approved stock exchange
    • are not shares in any of the entity's associate entities.

For more information, see subsection 995-1(1) of the ITAA 1997.

Outward investing financial entity (non-ADI)

This is an Australian resident entity that is not an ADI and one of the following applies:

  • is an Australian controller of at least one Australian controlled foreign entity
  • carries on business overseas at or through one or more permanent establishments
  • is an associate entity of either of the above 2 entities.

An Australian controller is an entity with a 10% control interest in an Australian controlled foreign entity. An example of an outward investor is an Australian company that has a 51% shareholding in a New Zealand company.

A financial entity may be able to elect to be treated as an ADI for thin capitalisation purposes under Subdivision 820-EA. The conditions for making this election are explained in Electing to use the ADI rules.

For more information, see:

QC48135