Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p13
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 13/32)
Character Range: 7224275–7226984

at that time; and
 (c) without limiting paragraph (b) of this subsection, each cost that:
 (i) is a *debt deduction of the establishment entity incurred at the test time; and
 (ii) is attributable to the Australian permanent establishment;
  were a cost incurred by the Australian permanent establishment at that time;
For the effects of disallowing debt deductions, see section 820‑605.
 (6) However, the application of this Division because of this section is subject to the modifications set out in sections 820‑607 to 820‑615.
 (7) For the purposes of this Division (as applying because of this Subdivision), this Act (except this Division) applies as if the matters referred to in subsections (3), (4) and (5) of this section were the case.
Note: For example, this means that a head company is treated for the purposes of this Division as if it had debt deductions based on the actual costs incurred by an Australian permanent establishment while it is treated as part of the head company because of this section.

820‑605  Effect on establishment entity if certain debt deductions disallowed
  If:
 (a) apart from this Division, a *debt deduction would be a deduction of the establishment entity for an income year; and
 (b) this Division (as applying because of this Subdivision) disallows all or part of the deduction (treated as a deduction of the *head company or single company);
this section disallows the deduction of the establishment entity, or that part of it, as appropriate.
Note 1A: The disallowed amount also does not form part of the cost base of a CGT asset. See section 110‑54.
Note 1: This Division does not disallow a debt deduction that the establishment entity incurs during the grouping period and that consists of a cost that is:
• attributable to an Australian permanent establishment covered by the choice under section 820‑597 or 820‑599; and
• paid or owed to the head company or single company.
 The cost is not a debt deduction of the head company or single company for the purposes of this Division as applying because of this Subdivision. This is because subsection 820‑603(3) or (4) treats the Australian permanent establishment as being part of the head company or single company, so the cost is treated as being paid or owed by the head company or single company to itself.
 Because subsection 820‑603(3) or (4) also treats the Australian permanent establishment as not being part of the establishment entity, the cost is not a debt deduction of the establishment entity, so it is not disallowed by this Division as applying to the establishment entity.
Note 2: This Division also does not disallow a debt deduction that the head company or single company incurs during