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INCOME TAX ASSESSMENT ACT 1997 - SECT 820.65

What this Subdivision is about

This Subdivision sets out the thin capitalisation rules that apply to an Australian entity that has certain types of overseas investments and is not an authorised deposit - taking institution (an ADI ). These rules deal with the following matters:

  how to work out the entity's maximum allowable debt for an income year;

  how all or a part of the debt deductions claimed by the entity may be disallowed if the maximum allowable debt is exceeded;

  how to apply these rules to a period that is less than an income year.

Table of sections

Operative provisions

820 - 85   Thin capitalisation rule for outward investing entities (non - ADI)

820 - 90   Maximum allowable debt

820 - 95   Safe harbour debt amount--outward investor (general)

820 - 100   Safe harbour debt amount--outward investor (financial)

820 - 105   Arm's length debt amount

820 - 110   Worldwide gearing debt amount--outward investor that is not also an inward investment vehicle

820 - 111   Worldwide gearing debt amount--outward investor that is also an inward investment vehicle

820 - 115   Amount of debt deduction disallowed

820 - 120   Application to part year periods


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