Income Tax Assessment Act 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 832 - Hybrid mismatch rules  

Subdivision 832-C - Hybrid financial instrument mismatch  

Operative provisions

SECTION 832-205   Meaning of Division 832 control group  

832-205(1)    
Two or more entities are in the same Division 832 control group if any of the following apply:

(a) each of the entities is a member of a group of entities that are consolidated for accounting purposes as a single group;

(b) one of the entities holds a *total participation interest of 50% or more in each of the other entities;

(c) a third entity holds a total participation interest of 50% or more in each of the entities.

832-205(1A)    

If a trust is in a Division 832 control group as a result of the operation of subsection (1), then the trustee of the trust is in the same Division 832 control group .

832-205(2)    
For the purposes of subsection (1), in determining a *direct participation interest of one entity in another entity, disregard paragraph 350(1)(b) of the Income Tax Assessment Act 1936 (rights of shareholders to vote or participate in certain decision-making).