Income Tax Assessment Act 1997
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Hide history noteSECTION 820-605 820-605 Effect on establishment entity if certain debt deductions disallowed
If:
(a) apart from this Division, a *debt deduction would be a deduction of the establishment entity for an income year; and
(b) this Division (as applying because of this Subdivision) disallows all or part of the deduction (treated as a deduction of the *head company or single company);
this section disallows the deduction of the establishment entity, or that part of it, as appropriate.
Note 1A:
The disallowed amount also does not form part of the cost base of a CGT asset. See section 110-54 .
Note 1:
This Division does not disallow a debt deduction that the establishment entity incurs during the grouping period and that consists of a cost that is:
The cost is not a debt deduction of the head company or single company for the purposes of this Division as applying because of this Subdivision. This is because subsection 820-603(3) or (4) treats the Australian permanent establishment as being part of the head company or single company, so the cost is treated as being paid or owed by the head company or single company to itself.
Because subsection 820-603(3) or (4) also treats the Australian permanent establishment as not being part of the establishment entity, the cost is not a debt deduction of the establishment entity, so it is not disallowed by this Division as applying to the establishment entity.
Note 2:
This Division also does not disallow a debt deduction that the head company or single company incurs during the grouping period and that consists of a cost that is:
The cost is not a debt deduction of the head company or single company for the purposes of this Division as applying because of this Subdivision. This is because subsection 820-603(3) or (4) treats the Australian permanent establishment as being part of the head company or single company, so the cost is treated as being paid or owed by the head company or single company to itself.
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