Income Tax Assessment Act 1997
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Hide history noteSECTION 832-200 When a payment gives rise to a hybrid financial instrument mismatch 832-200(1)
A payment gives rise to a hybrid financial instrument mismatch if:
(a) the payment gives rise to a *hybrid mismatch under section 832-215 or 832-230 ; and
(b) subsection (3) or (6) applies.
Note:
As a result of ordering rules in later Subdivisions, a payment that gives rise to a hybrid financial instrument mismatch does not also give rise to a hybrid mismatch under a later Subdivision of this Division.
832-200(2)
The deduction component of the *hybrid financial instrument mismatch is the *deduction component of the *deduction/non-inclusion mismatch.
832-200(3)
This subsection applies if the following entities are related for the purposes of subsection (4):
(a) the entity that made the payment;
(b) each entity that is a *liable entity in respect of the income or profits of the recipient of the payment.
Note:
For the definition of liable entity, see section 832-325 .
Related persons
832-200(4)
Two entities are related for the purposes of this subsection if any of the following apply:
(a) the entities are in the same *Division 832 control group;
(b) one of the entities holds a *total participation interest of 25% or more in the other entity;
(c) a third entity holds a total participation interest of 25% or more in each of the entities.
832-200(5)
For the purposes of subsection (4), treat the *direct participation interest of an entity (the holding entity ) in another entity (the test entity ) as being the sum of the direct participation interests held by the holding entity and its *associates in the test entity.
Structured arrangement
832-200(6)
This subsection applies if the payment is made under a *structured arrangement.
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