Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p24
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 24/32)
Character Range: 7251820–7254888

the purposes of this Division.
Note: Subsections 820‑680(1) and (1A) require compliance with accounting standards.

Not applicable to ADIs
 (3) This section does not apply in relation to an entity for a period if, for the period, the entity is an *outward investing entity (ADI) or an *inward investing entity (ADI).

Not applicable to records about Australian permanent establishments
 (4) This section does not apply for the purposes of section 820‑960.

820‑685  Valuation of debt capital
  For the purposes of this Division, the regulations may make additional provisions for the valuation of the *debt capital of an entity.

820‑690  Commissioner's power
  If the Commissioner considers that, in relation to a calculation under this Division, an entity has:
 (a) overvalued its assets; or
 (b) undervalued its liabilities (including its *debt capital);
the Commissioner may, having regard to the *accounting standards and this Subdivision, substitute a value that the Commissioner considers is appropriate.

Subdivision 820‑H—Control of entities

Guide to Subdivision 820‑H

820‑740  What this Subdivision is about

      This Subdivision sets out rules about the following:
         • the meaning of an Australian controller of a foreign entity (for the purpose of determining whether or not an entity is an outward investing financial entity (non‑ADI) or outward investing entity (ADI));
         • the meaning of a foreign controlled Australian entity (for the purpose of determining whether or not an entity is an inward investing financial entity (non‑ADI));
         • the method of working out the extent to which one entity is controlled by another entity for those purposes.

Table of sections

Australian controller of a foreign entity
820‑745 What is an Australian controlled foreign entity?
820‑750 What is an Australian controller of a controlled foreign company?
820‑755 What is an Australian controller of a controlled foreign trust?
820‑760 What is an Australian controller of a controlled foreign corporate limited partnership?

Foreign controlled Australian entity
820‑780 What is a foreign controlled Australian entity?
820‑785 What is a foreign controlled Australian company?
820‑790 What is a foreign controlled Australian trust?
820‑795 What is a foreign controlled Australian partnership?

Thin capitalisation control interest
820‑815 General rule about thin capitalisation control interest in a company, trust or partnership
820‑820 Special rules about calculating TC control interest held by an entity
820‑825 Special rules about calculating TC control interests held by a group of entities
820‑830 Special rules about determining percentage of TC control interest
820‑835 Commissioner's power

TC direct control interest, TC indirect control interest and TC control tracing interest
820‑855 TC direct control interest in a company
820‑860 TC direct control interest in a trust
820‑865 TC direct control interest in a partnership
820‑870 TC indirect control interest in a company, trust or partnership
820‑875 TC control tracing interest