Income Tax Assessment Act 1997
View history note
Hide history noteSECTION 832-450 What this Subdivision is about
This Subdivision neutralises a branch hybrid mismatch if it involves a deduction in Australia (and the non-inclusion was not also in Australia).
A deduction/non-inclusion mismatch is a branch hybrid mismatch if it is made directly or indirectly to a branch hybrid, and the mismatch would not have arisen, or would have been less, if the residence country had not recognised the permanent establishment.
An entity is a branch hybrid in relation to a payment made to it if, for the purposes of the tax law of the country in which it is a resident, the payment is treated as being allocated to a permanent establishment in another country, but in the other country, the payment is treated as not being allocated to a permanent establishment in that country.
A branch hybrid mismatch that is not neutralised by this Subdivision (or by foreign hybrid mismatch rules) is an offshore hybrid mismatch, which might give rise to an imported hybrid mismatch under Subdivision 832-H .
| Operative provisions | |
| 832-455 | Deduction not allowable |
| 832-460 | Exception where entity not a party to the structured arrangement |
| 832-465 | When a branch hybrid mismatch is an offshore hybrid mismatch |
| 832-470 | Branch hybrid mismatch |
| 832-475 | Hybrid mismatch |
| 832-480 | Hybrid requirement - payment made directly or indirectly to a branch hybrid |
| 832-485 | Branch hybrid |
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