INCOME TAX ASSESSMENT ACT 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 820 - Thin capitalisation rules  

Subdivision 820-E - Thin capitalisation rules for inward investing entities (ADI)  

Operative provisions

SECTION 820-420   Application to part year periods  

820-420(1)  
This subsection disallows all or a part of each *debt deduction of an entity for an income year that is an amount incurred by the entity during a period that is a part of that year if, for that period:


(a) the entity is an *inward investing entity (ADI); and


(b) the entity ' s *average equity capital is less than its *minimum capital amount;

to the extent that the debt deduction:


(c) is attributable to an *Australian permanent establishment of the entity at or through which it carries on its banking business; and


(d) is not an *allowable OB deduction.

Note:

To determine whether an entity is an inward investing entity (ADI) for that period, see subsection 820-395(2) .

820-420(2)  
The entity ' s average equity capital for that period is the sum of the following:


(a) the average value, for that period, of the *equity capital of the entity that:


(i) is attributable to its *Australian permanent establishments at or through which it carries on its banking business in Australia; but

(ii) has not been allocated to the *OB activities of the Australian permanent establishments;


(b) the average value, for that period, of the total amounts that:


(i) are made available by the entity to the Australian permanent establishments of the entity as loans to the Australian permanent establishments; and

(ii) do not give rise to any *debt deductions of the entity for that or any other income year.

820-420(3)  
For the purposes of determining:


(a) the entity ' s *minimum capital amount for that period; and


(b) the amount of each *debt deduction to be disallowed;

sections 820-400 to 820-415 apply in relation to that entity and that period with the modifications set out in the following table:


Modifications of sections 820-400 to 820-415
Item Provisions Modifications
1 Sections 820-400 to 820-415 A reference to an income year is taken to be a reference to that period
2 Section 820-415 The reference to subsection 820-395(1) is taken to be a reference to subsection (1) of this section
3 Section 820-415 average debt is taken to be the average value, for that period, of all the *debt capital of the entity that gives rise to its *debt deductions (other than *allowable OB deductions) for that year that are amounts incurred by the entity during that period
average equity capital has the meaning given by subsection (2) of this section


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