Income Tax Assessment Act 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 820 - Thin capitalisation rules  

Subdivision 820-C - Thin capitalisation rules for inward investing entities (non-ADI)  

Operative provisions

SECTION 820-220   820-220   Amount of debt deduction disallowed  


The amount of *debt deduction disallowed under subsection 820-185(1) is worked out using the following formula:


Debt deduction   ×   Excess debt  
Average debt

where:

average debt
means the sum of:


(a) the average value, for the income year, of the entity ' s *debt capital that is covered by step 1 of the method statement in subsection 820-185(3) ; and


(b) the average value, for that year, of the entity ' s *cost-free debt capital that is covered by step 4 of that method statement.

debt deduction
means each *debt deduction of the entity for that year.

excess debt
means the amount by which the *adjusted average debt (see subsection 820-185(3) ) exceeds the entity ' s *maximum allowable debt for that year.

Note:

The disallowed amount also does not form part of the cost base of a CGT asset. See section 110-54 .


 

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