Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 820.295

What this Subdivision is about

This Subdivision sets out the thin capitalisation rules that apply to an entity that is both an authorised deposit - taking institution (an ADI ) and an Australian entity that has certain types of overseas investments. These rules deal with the following matters:

  how to work out the entity's minimum capital amount for an income year;

  how all or a part of the debt deductions claimed by the entity may be disallowed if the minimum capital amount is not reached;

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

Table of sections

Operative provisions

820 - 300   Thin capitalisation rule for outward investing entities (ADI)

820 - 305   Minimum capital amount

820 - 310   Safe harbour capital amount

820 - 315   Arm's length capital amount

820 - 320   Worldwide capital amount

820 - 325   Amount of debt deduction disallowed

820 - 330   Application to part year periods



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