Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 832.395

  (1)   A payment gives rise to a reverse hybrid mismatch if:

  (a)   the payment gives rise to a * hybrid mismatch under section   832 - 400; and

  (b)   subsection   (3) or (4) applies.

  (2)   The deduction component of the * reverse hybrid mismatch is the * deduction component of the * deduction/non - inclusion mismatch mentioned in section   832 - 400.

Control group

  (3)   This subsection applies if the following entities are in the same * Division   832 control group:

  (a)   the entity that made the payment;

  (b)   the * reverse hybrid;

  (c)   each entity that is an investor identified in paragraph   832 - 410(2)(c) in relation to the reverse hybrid.

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:   For the meaning of structured arrangement , see section   832 - 210.