Income Tax Assessment Act 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 832 - Hybrid mismatch rules  

Subdivision 832-K - Modifications for Division 230 (about taxation of financial arrangements)  

Operative provisions

SECTION 832-790   Modifications relating to Division 230 gains and losses  

832-790(1)    
This section applies to the following:


(a) a gain that, apart from this Division, would be included in an entity ' s assessable income for an income year under Division 230 ;


(b) a loss that, apart from this Division, would be allowable as a deduction to an entity for an income year under Division 230 ;


(c) a gain or a loss that, apart from this Division, would be dealt with in accordance with subsection 230-310(4) in relation to an income year.

Separation of currency effects for Division 230 gains and losses

832-790(2)    
For the purposes of this Division, split a gain into 2 separate gains, or a gain and a loss, as follows:


(a) to the extent to which the gain represents a *currency exchange rate effect, treat it as a separate gain or loss;


(b) to the extent that it does not represent that effect, treat it as a separate gain or loss from the *financial arrangement to which this Division applies.

832-790(3)    
For the purposes of this Division, split a loss into 2 separate losses, or a gain and a loss, as follows:


(a) to the extent to which the loss represents a *currency exchange rate effect, treat it as a separate gain or loss;


(b) to the extent that it does not represent that effect, treat it as a separate gain or loss from the *financial arrangement to which this Division applies.

832-790(4)    
For the purposes of this Division, assume an amount treated under paragraph (2)(b) or (3)(b) as a separate loss would, apart from this Division, be allowable as a deduction to the entity for the income year.

This Division applies to a non-currency component that is a gain

832-790(5)    
If there is an amount treated under paragraph (2)(b) or (3)(b) as a separate gain from a *financial arrangement, the gain is treated as consisting of any actual payments made under the financial arrangement and taken into account in working out the amount of the gain or loss the entity made under the arrangement.

832-790(6)    
For the purposes of this Division, assume the gain is an amount that, subject to Division 6 (about effect of foreign residence), is included in the entity ' s assessable income.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.