A T O home
Legal Database
Search   
for 
 
Access the database 
Browse database
Searches  
View last document
Quick access 
View legislation
View a document
Email Cross Reference Material Previous/Next Section Contents Previous/Next Result
Printable version
Printable
version

INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-5 - RULES ABOUT DEDUCTIBILITY OF PARTICULAR KINDS OF AMOUNTS  

Division 25 - Some amounts you can deduct    View history reference

Operative provisions  

SECTION 25-85  Certain returns in respect of debt interests  

 View history reference

25-85(1)  

This section deals with a *return that an entity pays or provides on a *debt interest.

25-85(2)  

The *return is not prevented from being a *general deduction for an income year under section 8-1 merely because:


(a) the return is *contingent on aspects of the economic performance (whether past, current or future) of:

(i) the entity or a part of the entity's activities; or

(ii) a *connected entity of the entity or a part of the activities of a connected entity of the entity; or
 View history reference


(b) the return secures a permanent or enduring benefit for the entity or a connected entity of the entity.

25-85(3)  

If the *return is a *dividend, the entity can deduct the return to the extent to which it would have been a *general deduction under section 8-1 if:


(a) the payment of the return were the incurring by the entity of a liability to pay the same amount as interest; and


(b) that interest were incurred in respect of the finance raised by the entity and in respect of which the return was paid or provided; and


(c) the *debt interest retained its character as a debt interest for the purposes of subsection (2).

25-85(4)  

Subsections (2) and (3) do not apply to a *return to the extent to which it would be a *general deduction under section 8-1 apart from this section.

25-85(4A)  

 View history reference
Subsections (2) and (3) do not apply to a *return on a *debt interest that is a *Division 230 financial arrangement.

25-85(5)  

Subject to regulations made for the purposes of subsection (6), subsections (2) and (3) do not apply to the return to the extent to which the annually compounded internal rate of return exceeds the *benchmark rate of return for the interest increased by 150 basis points.

25-85(6)  

The regulations may provide that subsection (5) applies in the circumstances specified in the regulations as if the reference to 150 basis points were a reference to a greater or lesser number of basis points.


 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
Top of page
More information on page