Document ID: chunk:federal_register_of_legislation:C2025C00029:section:12:p37
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 12 (pt 37/43)
Character Range: 4038424–4041154

the *financial benefit (if any) that you provided or received in relation to you starting to have the arrangement; and
 (b) instead, treat yourself as having provided or received a financial benefit in relation to you starting to have the arrangement that is equal to the amount of the financial benefit that you would have provided or received if the parties to the dealing mentioned in subsection (2) were dealing at *arm's length in relation to the dealing.

Non‑arm's length transaction resulting in change of an amount of a financial benefit that you provided or received under the financial arrangement
 (4) Subsection (5) applies if the parties to a dealing that resulted in a change of an amount of a *financial benefit that you provide or receive under the *financial arrangement were not dealing at *arm's length in relation to the dealing.
 (5) For the purposes of this Division:
 (a) disregard the amount of the *financial benefit (if any) that you provide or receive under the *financial arrangement as a result of the dealing; and
 (b) instead, treat yourself as providing or receiving a financial benefit under the financial arrangement as a result of the dealing that is equal to the amount of the financial benefit that you would have provided or received if the parties to the dealing were dealing at *arm's length in relation to the dealing.

Non‑arm's length transaction resulting in balancing adjustment
 (6) Subsection (7) applies if the parties to the dealing that resulted in the balancing adjustment mentioned in subsection (1) being made were not dealing at *arm's length in relation to the dealing.
 (7) For the purposes of this Division:
 (a) disregard the amount of the *financial benefit (if any) that you provide or receive in relation to the balancing adjustment; and
 (b) instead, treat yourself as providing or receiving a financial benefit in relation to the balancing adjustment that is equal to the amount of the financial benefit that you would have provided or received if the parties to the dealing mentioned in subsection (6) were dealing at *arm's length in relation to the dealing.

230‑515  Arm's length dealings in relation to financial arrangement—adjustment to gain or loss in certain situations
 (1) This section applies if:
 (a) disregarding this Division, a provision mentioned in subsection (2) makes an adjustment to an amount (including a nil amount) (the relevant amount); and
 (b) the relevant amount is relevant in determining the amount of a gain or loss you make from a *Division 230 financial arrangement.
 (2) The provisions are as follows:
 (a) section 52A of the Income Tax Assessment Act 1936;
 (c) Division 16J of Part III of the Income Tax Assessment Act 1936;
 (d)