Taxation Laws Amendment Act (No. 5) 2003 (142 of 2003)

Schedule 3   Thin Capitalisation: amendments taking effect on 1 July 2003

Part 1   Definition of equity capital and related concepts

Income Tax Assessment Act 1997

10   Subsection 995-1(1)

Insert:

ADI equity capital of an entity at a particular time means the total of the following:

(a) all the entity's *equity capital at that time; and

(b) the total value of all the *debt interests *issued by the entity that satisfy all of the following:

(i) at that time, the interests are *on issue and have been on issue for 90 days or more;

(ii) none of the interests gives rise to any cost, at any time, that is covered by paragraph 820-40(1)(a).

A debt interest is treated as having satisfied subparagraph (b)(i) at that time if it was on issue at that time, and the total period for which it remains on issue is 90 days or more.