Income Tax Assessment Act 1997



Division 832 - Hybrid mismatch rules  

Subdivision 832-E - Reverse hybrid mismatch  

Guide to Subdivision 832-E

SECTION 832-375   What this Subdivision is about  

This Subdivision neutralises a reverse hybrid mismatch if it involves a deduction in Australia.

A deduction/non-inclusion mismatch is a reverse hybrid mismatch if it is made directly or indirectly to a reverse hybrid, and the mismatch would not have arisen, or would have been less, if the payment had instead been made directly to an investor in the reverse hybrid.

An entity is a reverse hybrid if it is transparent for the purposes of the tax law of the country in which it is formed, but non-transparent for the purposes of the tax law of the country in which investors in it are subject to tax (resulting in non-inclusion).

A reverse hybrid mismatch that is not neutralised by this Subdivision (or by foreign hybrid mismatch rules) is an offshore hybrid mismatch, which might give rise to an imported hybrid mismatch under Subdivision 832-H .

Operative provisions
832-380 Deduction not allowable - Australian primary response
832-385 Exception where entity not a party to the structured arrangement
832-390 When a reverse hybrid mismatch is an offshore hybrid mismatch
832-395 When a payment gives rise to a reverse hybrid mismatch
832-400 Hybrid mismatch
832-405 Hybrid requirement - assume payment was made to an investor
832-410 Reverse hybrid


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