Document ID: chunk:federal_register_of_legislation:C2025C00029:section:6:p17
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 6 (pt 17/22)
Character Range: 6983786–6986499

amended on 22 July 2010;
 (b) the Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, as approved by that Council and last amended on 22 July 2010;
 (c) a document, or part of a document, prescribed by the regulations for the purposes of this paragraph.
 (3) However, a document, or a part of a document, mentioned in paragraph (2)(a) or (b) is not covered by this section if the regulations so prescribe.
 (4) Regulations made for the purposes of paragraph (2)(c) or subsection (3) may prescribe different documents or parts of documents for different circumstances.

815‑25  Modified transfer pricing benefit for thin capitalisation
 (1) This section modifies the *transfer pricing benefit an entity gets, or apart from this section would get, in an income year if:
 (a) Division 820 (about thin capitalisation) applies to the entity for the income year; and
 (b) the transfer pricing benefit relates to profits, or a shortfall of profits, referable to costs that are *debt deductions of the entity for the income year.
 (2) If working out what those costs might have been, or might be expected to be, involves applying a rate to a *debt interest:
 (a) work out the rate by applying section 815‑15, having regard to section 815‑20; but
 (b) apply the rate to the debt interest the entity actually issued.
Note: Division 820 may apply to further reduce debt deductions.

815‑30  Determinations negating transfer pricing benefit
 (1) The determinations the Commissioner may make are as follows:
 (a) a determination of an amount by which the taxable income of the entity for an income year is increased;
 (b) a determination of an amount by which the tax loss of the entity for an income year is decreased;
 (c) a determination of an amount by which the *net capital loss of the entity for an income year is decreased.
 (2) If the Commissioner makes a determination under subsection (1), the determination is taken to be attributable, to the relevant extent, to such of the following as the Commissioner may determine:
 (a) an increase of a particular amount in assessable income of the entity for an income year under a particular provision of this Act;
 (b) a decrease of a particular amount in particular deductions of the entity for an income year;
 (c) an increase of a particular amount in particular capital gains of the entity for an income year;
 (d) a decrease of a particular amount in particular capital losses of the entity for an income year.
 (3) If the Commissioner makes a determination under subsection (1), the Commissioner must make a determination under subsection (2), unless it is not possible or practicable for the Commissioner to do so.
Example: If section