Income Tax Assessment Act 1997



Division 832 - Hybrid mismatch rules  

Subdivision 832-C - Hybrid financial instrument mismatch  

Guide to Subdivision 832-C

SECTION 832-175   What this Subdivision is about  

This Subdivision neutralises a hybrid financial instrument mismatch if it involves a deduction, or non-inclusion, in Australia.

A deduction/non-inclusion mismatch is a hybrid financial instrument mismatch if it is attributable to hybridity in the treatment of a financial instrument or an arrangement to transfer a financial instrument, and either the relevant parties are related or the mismatch arose under a structured arrangement.

There is also an integrity rule that covers payments that are made in lieu of hybrid payments.

This Subdivision has an extended application in relation to payments that are subject to concessional tax rates in a foreign country.

A hybrid financial instrument mismatch that is not neutralised by this Subdivision (or by foreign hybrid mismatch rules) is an offshore hybrid mismatch, which might give rise to an imported hybrid mismatch under Subdivision 832-H .

Operative provisions
832-180 Deduction not allowable - Australian primary response
832-185 Inclusion in assessable income - Australian secondary response
832-190 Exception where entity not a party to the structured arrangement
832-195 When a hybrid financial instrument mismatch is an offshore hybrid mismatch
832-200 When a payment gives rise to a hybrid financial instrument mismatch
832-205 Meaning of Division 832 control group
832-210 Meaning of structured arrangement
832-215 Hybrid mismatch
832-220 Hybrid requirement - payments under financial instruments
832-225 Hybrid requirement - payments under transfers of certain financial instruments
832-230 Hybrid mismatch - integrity rule for substitute payments
832-235 Extended operation of this Subdivision in relation to concessional foreign taxes
832-240 Adjustment if hybrid financial instrument payment is income in a later year

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