Document ID: chunk:federal_register_of_legislation:C2018A00084:clause:1_1:p3
Version: federal_register_of_legislation:C2018A00084
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 3/35)
Character Range: 7731–10422

were the entity identified in the payment provision as the recipient.
 (2) If a payment would, apart from this subsection, be made to 2 or more recipients, then this Division applies as if each part of the payment made to each such recipient were a separate payment.

832‑30  Tax provisions to be disregarded in identifying payments and income or profits
 (1) A number of provisions in this Division refer to an entity making a payment to another entity. To avoid doubt, whether an entity makes a payment to another entity is to be worked out disregarding:
 (a) subsection 701‑1(1) (the single entity rule); and
 (b) Part IIIB of the Income Tax Assessment Act 1936; and
 (c) any law of a foreign country that, for the purposes of a foreign tax, treats a different entity as having made the payment, or disregards the payment.
 (2) A number of provisions in this Division refer to the income or profits of an entity. To avoid doubt, these entities, and their income or profits, are to be identified disregarding:
 (a) subsection 701‑1(1) (the single entity rule); and
 (b) Part IIIB of the Income Tax Assessment Act 1936; and
 (c) any law of a foreign country that, for the purposes of a foreign tax, treats those income or profits as income or profits of a different entity.
Note: As a consequence of paragraph (2)(a), a member of a consolidated group may be a hybrid payer under section 832‑320 or a deducting hybrid under section 832‑550 (it cannot be a reverse hybrid because of subparagraph 832‑410(2)(b)(ii)).

832‑35  Single entity rule otherwise not disregarded
  Subject to section 832‑30, subsection 701‑1(1) (the single entity rule) is not disregarded in applying this Division.

832‑40  Schemes outside Australia
  This Division applies in relation to a payment whether or not the *scheme under which the payment is made has been or is entered into or carried out in Australia or outside Australia or partly in Australia and partly outside Australia.

832‑45  Relationship between this Division and other charging provisions in this Act
 (1) This section applies if an amount is included in the assessable income of an entity under a provision of this Division in relation to a payment.
 (2) An amount in relation to the payment that is to be included in the assessable income of the entity under a provision (other than a provision of this Division) is to be reduced to the extent (if any) necessary to ensure that the total amount included in the entity's assessable income in relation to the payment does not exceed the amount of the payment.

Relationship with section 230‑20
 (3) This section applies despite section 230‑20 (about taxation of financial arrangements).

832‑50