Taxation Laws Amendment Act (No. 5) 2003 (142 of 2003)
Schedule 3 Thin Capitalisation: amendments taking effect on 1 July 2003
Part 1 Definition of equity capital and related concepts
Income Tax Assessment Act 1997
8 Subsections 820-613(2) and (3)
Repeal the subsections, substitute:
Adjusted average equity capital
(2) The *adjusted average equity capital of the *head company or single company for the test period is increased by the average value, for the period, of the amount worked out under subsection (3).
Note 1: In the case of a choice under section 820-599, paragraph 820-603(4)(b) treats the single company and the relevant Australian permanent establishments as a consolidated group.
Note 2: To calculate an average value for the purposes of this Division, see Subdivision 820-G.
(3) The amount worked out under this subsection as at a particular day is the total of the amounts worked out under the following paragraphs for each *Australian permanent establishment through which the *foreign bank carried on its banking business in Australia on that day:
(a) the *ADI equity capital of the foreign bank, as at the end of that day, that:
(i) is attributable to that Australian permanent establishment; but
(ii) has not been allocated to the *OB activities of the foreign bank; and
(b) the amounts that, as at the end of that day:
(i) are made available by the foreign bank to the Australian permanent establishment as loans to the Australian permanent establishment; and
(ii) do not give rise to any *debt deductions of the foreign bank for the income year or any other income year.
Note: The amounts are to be worked out, so far as practicable, on the basis of the information that would be contained in a set of consolidated accounts. See section 820-611.