Income Tax Assessment Act 1997



Division 820 - Thin capitalisation rules  

Subdivision 820-FB - Grouping branches of foreign banks and foreign financial entities with a consolidated group, MEC group or single Australian resident company  

Effect of choice

SECTION 820-613   How Subdivision 820-D applies  

This section has effect for the purposes of applying Subdivision 820-D to the *head company or single company in relation to a period (the test period ) that is all or part of the grouping period.


Subdivision 820-D applies to the head company or single company if it is classified as an outward investing entity (ADI) because of section 820-609 , either alone or in conjunction with a choice made by the company under section 820-430 .

Adjusted average equity capital


The *adjusted average equity capital of the *head company or single company for the test period is increased by the average value, for the period, of the amount worked out under subsection (3).
Note 1:

In the case of a choice under section 820-599 , paragraph 820-603(4)(b) treats the single company and the relevant Australian permanent establishments as a consolidated group.

Note 2:

To calculate an average value for the purposes of this Division, see Subdivision 820-G .


The amount worked out under this subsection as at a particular day is the total of the amounts worked out under the following paragraphs for each of the establishment entity ' s *Australian permanent establishments that section 820-603 treats as part of the *head company or single company on that day:

(a) so much of the establishment entity ' s *ADI equity capital, at the end of the day, as:

(i) is attributable to that Australian permanent establishment; and

(ii) has not been allocated to the *OB activities of the entity;

(b) the amounts that, as at the end of that day:

(i) are made available by the establishment entity to the Australian permanent establishment as loans to it; and

(ii) do not give rise to any *debt deductions of the entity for the income year or any other income year.

The amounts are to be worked out, so far as practicable, on the basis of the information that would be contained in a set of consolidated accounts. See section 820-611 .

Risk-weighted assets


For each of the establishment entity ' s *Australian permanent establishments that is covered by the choice, the *risk-weighted assets of the *head company or single company include that part of the entity ' s risk-weighted assets that:

(a) is attributable to that Australian permanent establishment; and

(b) is not attributable to the entity ' s *OB activities.


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