Income Tax Assessment Act 1997
However, if there is a secondary response country in relation to the *deducting hybrid mismatch (see section 832-555 ), and that country is Australia, section 832-530 does not apply in relation to the *deducting hybrid mismatch unless:
(a) the secondary response is required (see subsection (2)); and
(b) subsection (3) or (4) applies. When secondary response is required 832-535(2)
For the purposes of paragraph (1)(a), the secondary response is required unless:
(a) a *liable entity in respect of the income or profits of the *deducting hybrid satisfies the residency test in subsection 832-555(9) in the primary response country; and
(b) in the primary response country, the mismatch is covered by *foreign hybrid mismatch rules that correspond to this Subdivision, or by a law that has substantially the same effect as foreign hybrid mismatch rules that correspond to this Subdivision.
This subsection applies if the following entities are in the same *Division 832 control group:
(a) the *deducting hybrid;
(b) if one or more entities other than the deducting hybrid is a *liable entity in respect of the income or profits of the deducting hybrid in a deducting country - each such liable entity.
For the meaning of Division 832 control group , see section 832-205 .Structured arrangement 832-535(4)
This subsection applies if the payment is made under a *structured arrangement.
For the meaning of structured arrangement , see section 832-210 .
If the deduction is a non-payment deduction, see also subsection 832-110(5) .