Document ID: chunk:federal_register_of_legislation:C2004A00897:clause:1_3:p11
Version: federal_register_of_legislation:C2004A00897
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 11/26)
Character Range: 126459–130921

is not covered by item 2                                                                                                                           the total value, as at the end of that day, of the capital and reserves of the partnership or trust; minus
                                                                                                                                                                                                                                            the value of the *debt capital of the partnership or trust that is part of the capital of the partnership or trust at the end of that day; plus
                                                                                                                                                                                                                                            the value of the debt capital of the partnership or trust at the end of that day that does not give rise to any *debt deductions of the partnership or trust for the income year or any other income year
    5                                                        an *Australian permanent establishment through which a *foreign bank carries on its banking business in Australia                                                              the *equity capital of the foreign bank, as at the end of that day, that:
                                                                                                                                                                                                                                            (a) is attributable to that Australian permanent establishment; but
                                                                                                                                                                                                                                            (b) has not been allocated to the *OB activities of the foreign bank;
                                                                                                                                                                                                                                            plus the total of the amounts that, as at the end of that day:
                                                                                                                                                                                                                                            (c) are made available by the foreign bank to the Australian permanent establishment as loans to the Australian permanent establishment; and
                                                                                                                                                                                                                                            (d) do not give rise to any *debt deductions of the foreign bank for the income year or any other income year

 (4) For each *Australian permanent establishment through which a *foreign bank carries on its banking business in Australia and that is in the group, the group's *risk‑weighted assets include that part of the *risk‑weighted assets of the foreign bank that:
 (a) is attributable to that Australian permanent establishment; but
 (b) is not attributable to the *OB activities of the foreign bank.

820‑565  Additional application of Subdivision 820‑D to group that includes foreign‑controlled Australian ADI

  Subdivision 820‑D applies to a *resident TC group for an income year, as if the group were an *outward investing entity (ADI), if:
 (a) the group is not an outward investing entity (ADI) for the income year; and
 (b) the group includes at least one entity that is at the end of the income year both a *foreign controlled Australian entity and an *ADI; and
 (c) the group includes at least one company that is at the end of the income year a *100% subsidiary of no entity covered by paragraph (b) of this section.

820‑570  Effect on safe harbour capital amount if foreign‑controlled Australian ADI in the group on‑lends section 128F amounts

 (1) For the purposes of working out the *safe harbour capital amount of a *resident TC group for an income year, if:
 (a) the group includes an entity (the ADI subsidiary) that is at the end of the income year both a *100% subsidiary of a *foreign bank and an *ADI; and
 (b) the ADI subsidiary