Document ID: chunk:federal_register_of_legislation:C2024A00023:clause:2_76:p9
Version: federal_register_of_legislation:C2024A00023
Segment Type: clause
Provision Reference: sch 2 cl 76 (pt 9/12)
Character Range: 91744–94535

wholly to the creation or development of a CGT asset that is, or is reasonably expected to be, moveable property situated, or to be situated, on land of a kind mentioned in subparagraph (iii), where that moveable property is, or is reasonably expected to be, relevant to the income producing use of the land and situated on the land for the majority of its useful life;
 (v) a right that relates wholly to the creation or development of a CGT asset that is, or is reasonably expected to be, offshore renewable energy infrastructure (within the meaning of the Offshore Electricity Infrastructure Act 2021) situated, or to be situated, in a declared area (within the meaning of that Act) for the majority of its useful life;
 (vi) a right that relates wholly to the creation or development of a CGT asset that is, or is reasonably expected to be, offshore electricity transmission infrastructure (within the meaning of the Offshore Electricity Infrastructure Act 2021) that is directly related to offshore renewable energy infrastructure covered by subparagraph (v); and
 (b) assuming that the holder of the right exercised the right, the right would not reasonably be expected to allow, directly or indirectly, the holder or another entity to have recourse for payment of the debt mentioned in paragraph (3)(c) of this section against a *foreign entity that is an *associate entity of the entity that issued the *debt interest.
 (6) For the purposes of subparagraphs (5)(a)(iii), (iv), (v) and (vi), in determining whether a right relates wholly to the creation or development of a *CGT asset of a kind mentioned in the relevant subparagraph, disregard the extent (if any) to which the right relates incidentally to another matter.

820‑427B  Modified third party debt conditions for conduit financing
 (1) If a *debt interest satisfies the conditions in subsection 820‑427C(1) in relation to an income year, then this section applies in relation to:
 (a) that debt interest (the relevant debt interest); and
 (b) the debt interest that is the ultimate debt interest mentioned in subsection 820‑427C(1) in relation to the relevant debt interest.

Special rules for third party debt conditions—ultimate debt interest and relevant debt interest
 (2) In applying section 820‑427A in relation to the income year, in relation to the relevant debt interest and the ultimate debt interest:
 (a) treat the reference in subparagraph 820‑427A(3)(d)(ii) to *associate entity debt as being a reference to associate entity debt other than:
 (i) a debt interest that satisfies the conditions in subsection 820‑427C(1) in relation to the ultimate debt interest; or
 (ii) a debt interest issued by an entity that is an *Australian entity and that has made a choice under subsection 820‑46(4) to use the third