Income Tax Assessment Act 1997
This Subdivision neutralises a hybrid payer mismatch if it involves a deduction, or non-inclusion, in Australia.
A deduction/non-inclusion mismatch is a hybrid payer mismatch if it is made by a hybrid payer, and the mismatch would not have arisen, or would have been less, if the payment had instead been made by an ungrouped entity. It is also a requirement that the relevant parties are in the same control group or the mismatch arose under a structured arrangement.
An entity is a hybrid payer if a payment it makes is disregarded for the purposes of the tax law of one country (resulting in non-inclusion), but is deductible for the purposes of the tax law of another country.
The neutralising amount for the hybrid payer mismatch is reduced by dual inclusion income.
A hybrid payer 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 .
|832-285||Deduction not allowable - Australian primary response|
|832-290||Inclusion in assessable income - Australian secondary response|
|832-295||Exception where entity not a party to the structured arrangement|
|832-300||When a hybrid payer mismatch is an offshore hybrid mismatch|
|832-305||When a payment gives rise to a hybrid payer mismatch|
|832-315||Hybrid requirement - assume payment was made to same recipient but by an ungrouped payer|
|832-325||Meaning of liable entity|
|832-335||Adjustment if hybrid payer has dual inclusion income in a later year|