New International Tax Arrangements (Foreign-owned Branches and Other Measures) Act 2005 (64 of 2005)
Schedule 3 Australian permanent establishments of foreign financial entities
Part 3 Thin capitalisation
Income Tax Assessment Act 1997
19 Subsection 820-603(2)
Repeal the subsection, substitute:
(2) The rest of this section applies:
(a) to each *Australian permanent establishment that:
(i) was an Australian permanent establishment of the establishment entity; and
(ii) if the establishment entity was a *foreign bank - was an Australian permanent establishment through which the entity carried on banking *business in Australia at any time in the grouping period; and
(b) in relation to each time (the test time ) that was in the grouping period and was when the Australian permanent establishment:
(i) was an Australian permanent establishment of the establishment entity; and
(ii) if the establishment entity was a foreign bank - was an Australian permanent establishment through which the entity carried on banking business in Australia.