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Question 31

Last updated 5 November 2018

This question is relevant if you are an Australian resident company that has elected under subdivision 820-FB of the ITAA 1997 to treat their qualifying branch operations as part of a consolidated group, multiple entry consolidated (MEC) group or single company for thin capitalisation purposes.

If you carry on qualifying Australian branch operations that your related Australian consolidated group, MEC group or single company has elected under subdivision 820-FB of the ITAA 1997 to treat as part of itself for thin capitalisation purposes, you will not be required to complete the remaining thin capitalisation questions. This is because the questions must be completed in the return of the head company or the single company on the basis of including your branch operations.

If an Australian resident company has elected under subdivision 820-FB of the ITAA 1997 to treat your qualifying Australian branch operations as part of its consolidated group, MEC group or single company for thin capitalisation purposes, answer Yes at A item 31 and write the ABN of the electing Australian company at B item 31 and then go to question 40.

If you do carry on qualifying Australian branch operations that are not treated as part of a consolidated group, MEC group or single company by reason of the operation of subdivision 820-FB, you must complete the following thin capitalisation questions for the branch operations.

Question 32

This question ascertains your thin capitalisation entity type at the end of the year.

The thin capitalisation rules apply differently depending on an entity's type. To work out how the thin capitalisation rules apply to a particular entity we need to know which category the entity belongs to.

If your type of thin capitalisation entity changed during the year, you only need to complete section D for the type of thin capitalisation entity you were at the end of the income year or relevant period.

To complete this question, ascertain your entity code from the table below.

At A, write the code which represents the type of thin capitalisation entity you are at the end of the income year or relevant period. If you do not know what type of entity you are, see the relevant provisions in Division 820 of the ITAA 1997.

Non-authorised deposit-taking institution (Non-ADI)

Code

Type

1

Outward investor (general) under subsections 820-85(2) and 820-583(2) and is not also an inward investment vehicle (general) under subsections 820-185(2) and 820-583(5)

2

Outward investor (financial) under subsections 820-85(2) and 820-583(3) and is not also an inward investment vehicle (financial) under subsections 820-185(2), 820-583(6) and 820-609(6)

3

Inward investment vehicle (general) under subsections 820-185(2) and 820-583(5) and is not also an outward investor (general) under subsections 820-85(2) and 820-583(2)

4

Inward investment vehicle (financial) under subsections 820-185(2), 820-583(6) and 820-609(6) and is not also an outward investor (financial) under subsections 820-85(2) and 820-583(3)

5

Inward investor (general) under subsection 820-185(2)

6

Inward investor (financial) under subsection 820-185(2)

9

Inward investment vehicle (general) under subsections 820-185(2) and 820-583(5) and is also an outward investor (general) under subsections 820-85(2) and 820-583(2)

10

Inward investment vehicle (financial) under subsections 820-185(2), 820-583(6) and 820-609(6) and is also an outward investor (financial) under subsections 820-85(2) and 820-583(3)

ADI

Code

Type

7

Outward investing entity (ADI) under subsections 820-300(2), 820-583(7), 820-587 and 820-609

8

Inward investing entity (ADI) under subsections 820-395(2) and 820-609(4)

QC55230