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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 generally 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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