INCOME TAX ASSESSMENT ACT 1936

PART IIIB - AUSTRALIAN BRANCHES OF FOREIGN BANKS  

Division 2 - Provisions relating to income tax  

SECTION 160ZZZA   NOTIONAL PAYMENT OF INTEREST BY BRANCH TO BANK  

160ZZZA(1)   [Branch notional borrowing from foreign bank]  

If, under section 160ZZZ , an amount is taken, for the purposes of this Act, to have been borrowed (the ``notional borrowing'' ) in a particular currency from a foreign bank by an Australian branch of the bank, the following provisions have effect:


(a) at any time (the ``relevant time'' ) when, in respect of the notional borrowing, an amount (the ``notional amount of interest'' ) is entered in the branch's accounting records as interest for a period fixed by the bank, interest is taken, for the purposes of this Act, to be incurred by the branch, paid by the branch to the bank, and derived by the bank, in respect of the notional borrowing;


(b) subject to the application of paragraph (c), the notional amount of interest is taken, for the purposes of this Act, to be the amount of interest so taken to be paid;


(c) if the interest on the notional borrowing at the relevant time was at a rate of interest that exceeded the LIBOR that was applicable at the beginning of the relevant interest calculation period in relation to the notional borrowing, there is taken to have been entered in the branch's accounting records at the relevant time, in lieu of the notional amount of interest, the amount that would have been so entered if interest on the notional borrowing for the relevant interest calculation period had been calculated at the LIBOR that was applicable at the beginning of that period.

160ZZZA(2)   [LIBOR at beginning of relevant interest calculation period]  

For the purposes of this section, a reference to the LIBOR that was applicable at the beginning of the relevant interest calculation period in relation to the notional borrowing is a reference to:


(a) the LIBOR applicable at the beginning of that period in respect of advances in the currency of that borrowing for a term the number of days in which was equal to the number of days in that period; or


(b) if there was no LIBOR applicable at the beginning of that period in respect of advances in the currency of that borrowing for such a term:


(i) the LIBOR applicable at the beginning of that period in respect of advances in that currency for a term the number of days in which most nearly approximated the number of days in that period; or

(ii) if there were different LIBORs so applicable for different terms the number of days in each of which could be described as having most nearly approximated the number of days in that period - the LIBOR so applicable for the shorter of those terms.

160ZZZA(3)   [Reference to LIBOR; relevant interest calculation period]  

For the purposes of this section:


(a) a reference to LIBOR, in relation to a particular time, is a reference to the rate of interest applicable at that time in relation to banks in the London inter bank market as determined by reference to the Reuter Monitor Money Rates Service or any other published source; and


(b) a reference to the relevant interest calculation period in relation to a notional borrowing from a foreign bank by an Australian branch of the bank is a reference to the period fixed by the bank for the calculation of the notional amount of interest in respect of the notional borrowing.


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