Document ID: chunk:federal_register_of_legislation:C2012A00115:clause:1_6:p4
Version: federal_register_of_legislation:C2012A00115
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 4/6)
Character Range: 9671–12509

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 815‑25 is relevant in working out the transfer pricing benefit an entity gets, this subsection requires the Commissioner to make a determination relating to the debt deductions of the entity.
 (4) Nothing done under subsection (2) affects the validity of a determination made under subsection (1).
 (5) The Commissioner may take such action as the Commissioner considers necessary to give effect to a determination under this section.
 (6) The Commissioner must give a copy of a determination under this section to the entity.
 (7) A failure to comply with subsection (6) does not affect the validity of the determination.
 (8) To avoid doubt, the Commissioner may include all or any determinations under this section in relation to a particular entity, including determinations of different kinds, in the same document.

815‑35  Consequential adjustments

Consequential adjustment—associated enterprises
 (1) The Commissioner may make a determination under subsection (4) in relation to an entity (the disadvantaged entity) if:
 (a) the Commissioner makes a determination under subsection 815‑30(1) in relation to a *transfer pricing benefit an entity gets under subsection 815‑15(1); and
 (b) the Commissioner considers that, but for the conditions mentioned in the *associated enterprises article:
 (i) the amount of the taxable income of the disadvantaged entity for an income year might have been expected to be less than its actual amount;