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INCOME TAX ASSESSMENT ACT 1997 - SECT 820.427D

Modified meaning of associate entity

  (1)   For the purposes of this Subdivision, in determining whether an entity is an associate entity of another entity:

  (a)   treat the references in paragraphs   820 - 905(1)(a) and 820 - 905(2A)(a) to "an * associate interest of 50% or more" as instead being:

  (i)   for the purposes of paragraph   820 - 427A(5)(b)--a reference to "a * TC control interest of 50% or more"; or

  (ii)   for the purposes of any other provision in this Subdivision--a reference to "a * TC control interest of 20% or more"; and

  (aa)   disregard the requirement in subsections   820 - 905(1) and (2A) that the entity is an * associate of the other entity, unless only paragraph   820 - 905(1)(b) applies; and

  (b)   treat subsection   820 - 860(3) as applying for the purposes of determining whether the entity is an associate entity of the other entity (as a result of paragraph   (a) of this subsection); and

  (c)   treat the purposes mentioned in subparagraphs   820 - 870(1)(b)(i) and (ii) as including the purposes of determining whether the entity is an associate entity of the other entity (as a result of paragraph   (a) of this subsection).

  (2)   For the purposes of this Subdivision:

  (a)   treat an entity (the first entity ) that has entered into a * cross - staple arrangement with another entity as an associate entity of that other entity; and

  (b)   if that other entity is itself an associate entity of a conduit financer mentioned in section   820 - 427C (whether because of another operation of this subsection or otherwise)--treat the first entity as an associate entity of the conduit financer.



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