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INCOME TAX ASSESSMENT ACT 1997 - SECT 832.320

Hybrid payer

             (1)  An entity (the test entity ) is a hybrid payer in relation to a payment it makes if:

                     (a)  subsection (2) applies to the entity in relation to a country and the payment; and

                     (b)  subsection (3) applies to the entity in relation to a different country and the payment.

Note:          The entity, the payments it makes, and its income or profits are identified disregarding tax provisions: see section 832-30.

Deducting country--entity is not grouped with recipient

             (2)  This subsection applies to a test entity in relation to a country (the deducting country ) and a payment the test entity makes if:

                     (a)  the test entity, or another entity, is a * liable entity in the deducting country in respect of income or profits of the test entity (or a part of those income or profits); and

                     (b)  that liable entity is not also a liable entity in the deducting country in respect of income or profits of the recipient of the payment.

Non-including country--entity is grouped with recipient

             (3)  This subsection applies to a test entity in relation to a country (a non-including country ) and a payment the test entity makes if:

                     (a)  the test entity, or another entity, is a * liable entity in the non-including country in respect of income or profits of the test entity (or a part of the income or profits); and

                     (b)  that liable entity is also a liable entity in the non-including country in respect of income or profits of the recipient of the payment.



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