New Business Tax System (Thin Capitalisation) Act 2001 (162 of 2001)

Schedule 2   Dictionary amendments

Income Tax Assessment Act 1997

29   Subsection 995-1(1)

Insert:

equity capital , of an entity and at a particular time, means:

(a) if the entity is a company that is not an *outward investing entity (ADI) at that time:

(i) the total value of the entity's *paid-up share capital, retained earnings, general reserves and asset revaluation reserves as at that time; minus

(ii) the value of the entity's *debt capital that is part of the entity's paid-up share capital at that time; or

(b) if the entity is a company that is an outward investing entity (ADI) at that time:

(i) the total value of all the entity's tier 1 capital (within the meaning of the *prudential standards) as at that time; minus

(ii) the value of the entity's debt capital that is part of the entity's tier 1 capital at that time; or

(c) if the entity is a trust or partnership at that time:

(i) the total value of the entity's capital and reserves as at that time; minus

(ii) the value of the entity's debt capital that is part of the entity's capital at that time.


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