Treasury Laws Amendment (Tax Integrity and Other Measures No. 2) Act 2018 (84 of 2018)
Schedule 1 OECD Hybrid Mismatch Rules
Part 2 Other amendments
Income Tax Assessment Act 1997
12 After section 230-520
Insert:
230-522 Adjusting a gain or loss that gives rise to a hybrid mismatch
(1) This section applies if a provision of Division 832 would, apart from section 832-785, apply to make not allowable an amount (the relevant amount ) that is all or a part of the deduction for:
(a) a loss from a *Division 230 financial arrangement; or
(b) an amount treated under section 832-790 as a separate loss from a Division 230 financial arrangement.
(2) The following have effect:
(a) if (disregarding section 832-790) you made a loss from the *financial arrangement, and the relevant amount does not exceed the amount of the loss - the amount of the loss you made is reduced by the relevant amount;
(b) if (disregarding section 832-790) you made a loss from the financial arrangement, and the relevant amount exceeds the amount of the loss:
(i) you do not make a loss from the financial arrangement; and
(ii) instead, you make a gain from the financial arrangement equal to the amount of the excess;
(c) if (disregarding section 832-790) you made a gain from the financial arrangement - the amount of the gain is increased by the relevant amount.
(3) The effect of subsection (2) is to be disregarded for the purposes of paragraph (c) of step 1 and paragraph (c) of step 2 of subsection 230-445(1) (about balancing adjustments).
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