Income Tax Assessment Act 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 832 - Hybrid mismatch rules  

Subdivision 832-G - Deducting hybrid mismatch  

Operative provisions

SECTION 832-535   Additional requirements for secondary response  

832-535(1)    
However, if there is a secondary response country in relation to the *deducting hybrid mismatch (see section 832-555 ), and that country is Australia, section 832-530 does not apply in relation to the *deducting hybrid mismatch unless:


(a) the secondary response is required (see subsection (2)); and


(b) subsection (3) or (4) applies.

When secondary response is required

832-535(2)    
For the purposes of paragraph (1)(a), the secondary response is required unless:


(a) a *liable entity in respect of the income or profits of the *deducting hybrid satisfies the residency test in subsection 832-555(9) in the primary response country; and


(b) in the primary response country, the mismatch is covered by *foreign hybrid mismatch rules that correspond to this Subdivision, or by a law that has substantially the same effect as foreign hybrid mismatch rules that correspond to this Subdivision.



Control group

832-535(3)    
This subsection applies if the following entities are in the same *Division 832 control group:


(a) the *deducting hybrid;


(b) if one or more entities other than the deducting hybrid is a *liable entity in respect of the income or profits of the deducting hybrid in a deducting country - each such liable entity.

Note:

For the meaning of Division 832 control group , see section 832-205 .



Structured arrangement

832-535(4)    
This subsection applies if the payment is made under a *structured arrangement.

Note 1:

For the meaning of structured arrangement , see section 832-210 .

Note 2:

If the deduction is a non-payment deduction, see also subsection 832-110(5) .



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.