Tax Laws Amendment (2012 Measures No. 6) Act 2013 (84 of 2013)

Schedule 6   Limited recourse debt

Income Tax Assessment Act 1997

3   After subsection 243-20(3)


(3A) In reaching a conclusion for the purposes of subsection (2) or (3), have regard to the following:

(a) the debtor's assets (other than assets that are indemnities or guarantees provided in relation to the debt);

(b) any *arrangement to which the debtor is a party;

(c) except for the purposes of paragraph (2)(b) - whether all of the debtor's assets would be available for the purpose of discharging the debt (other than assets that are security for other debts of the debtor or any other entity);

(d) whether the debtor and creditor are dealing at *arm's length in relation to the debt.