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INCOME TAX ASSESSMENT ACT 1997 - SECT 832.535

Additional requirements for secondary response

  (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

  (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

  (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

  (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).


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