Income Tax Assessment Act 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 832 - Hybrid mismatch rules  

Subdivision 832-D - Hybrid payer mismatch  

Operative provisions

SECTION 832-320   Hybrid payer  

832-320(1)  
An entity (the test entity ) is a hybrid payer in relation to a payment it makes if:


(a) subsection (2) applies to the entity in relation to a country and the payment; and


(b) subsection (3) applies to the entity in relation to a different country and the payment.

Note:

The entity, the payments it makes, and its income or profits are generally identified disregarding tax provisions: see section 832-30 .

Deducting country - entity is not grouped with recipient

832-320(2)  
This subsection applies to a test entity in relation to a country (the deducting country ) and a payment the test entity makes if:


(a) the test entity, or another entity, is a *liable entity in the deducting country in respect of income or profits of the test entity (or a part of those income or profits); and


(b) that liable entity is not also a liable entity in the deducting country in respect of income or profits of the recipient of the payment. Non-including country - entity is grouped with recipient

832-320(3)  
This subsection applies to a test entity in relation to a country (a non-including country ) and a payment the test entity makes if:


(a) the test entity, or another entity, is a *liable entity in the non-including country in respect of income or profits of the test entity (or a part of the income or profits); and


(b) that liable entity is also a liable entity in the non-including country in respect of income or profits of the recipient of the payment.


View surrounding sectionsView surrounding sectionsBack to top


This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.