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INCOME TAX ASSESSMENT ACT 1997 - SECT 820.427B

Modified third party debt conditions for conduit financing

  (1)   If a * debt interest satisfies the conditions in subsection   820 - 427C(1) in relation to an income year, then this section applies in relation to:

  (a)   that debt interest (the relevant debt interest ); and

  (b)   the debt interest that is the ultimate debt interest mentioned in subsection   820 - 427C(1) in relation to the relevant debt interest.

Special rules for third party debt conditions--ultimate debt interest and relevant debt interest

  (2)   In applying section   820 - 427A in relation to the income year, in relation to the relevant debt interest and the ultimate debt interest:

  (a)   treat the reference in subparagraph   820 - 427A(3)(d)(ii) to * associate entity debt as being a reference to associate entity debt other than:

  (i)   a debt interest that satisfies the conditions in subsection   820 - 427C(1) in relation to the ultimate debt interest; or

  (ii)   a debt interest issued by an entity that is an * Australian entity and that has made a choice under subsection   820 - 46(4) to use the third party debt test for the income year; and

  (b)   treat references in paragraphs   820 - 427A(4)(a) and (b) to the entity as including the conduit financer mentioned in paragraph   820 - 427C(1)(a) and each entity that issues a debt interest that satisfies the conditions in subsection   820 - 427C(1) in relation to the ultimate debt interest.

Special rules for third party debt conditions--relevant debt interest

  (3)   In applying subsection   820 - 427A(3) in relation to the income year, in relation to the relevant debt interest, in addition to applying subsection   (2) of this section:

  (a)   treat the conditions in paragraphs   820 - 427A(3)(a) and (b) as being satisfied; and

  (b)   treat subsection   820 - 427A(3) as also including the condition that the ultimate debt interest satisfies the * third party debt conditions (having regard to subsection   (2) of this section) in relation to the income year.



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