Document ID: chunk:federal_register_of_legislation:C2004A00897:clause:1_3:p19
Version: federal_register_of_legislation:C2004A00897
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 19/26)
Character Range: 150163–153120

Australian entity?
820‑785 What is a foreign controlled Australian company?
820‑790 What is a foreign controlled Australian trust?
820‑795 What is a foreign controlled Australian partnership?

Thin capitalisation control interest

820‑815 General rule about thin capitalisation control interest in a company, trust or partnership
820‑820 Special rules about calculating TC control interest held by an entity
820‑825 Special rules about calculating TC control interests held by a group of entities
820‑830 Special rules about determining percentage of TC control interest
820‑835 Commissioner's power

TC direct control interest, TC indirect control interest and TC control tracing interest

820‑855 TC direct control interest in a company
820‑860 TC direct control interest in a trust
820‑865 TC direct control interest in a partnership
820‑870 TC indirect control interest in a company, trust or partnership
820‑875 TC control tracing interest in a company, trust or partnership

[This is the end of the Guide.]

Australian controller of a foreign entity

820‑745  What is an Australian controlled foreign entity?

  An Australian controlled foreign entity, in relation to a particular time, is an entity that is any of the following at that time:
 (a) a *controlled foreign company (except a *corporate limited partnership);
 (b) a *controlled foreign trust;
 (c) a *controlled foreign corporate limited partnership.

820‑750  What is an Australian controller of a controlled foreign company?

  An entity is an Australian controller of a *controlled foreign company mentioned in paragraph 820‑745(a) at a particular time if, and only if, at that time:
 (a) that entity is an *Australian entity holding a *TC control interest in the controlled foreign company that is 10% or more; or
 (b) all of the following subparagraphs apply:
 (i) the controlled foreign company is such a company because of paragraph 340(c) of the Income Tax Assessment Act 1936;
 (ii) not more than 5 Australian entities, including that entity, control that controlled foreign company (either alone or together with *associate entities and whether or not any associate entity is also an Australian entity);
 (iii) that entity holds a *TC control interest in the controlled foreign company that is at least 1%.

Note: A corporate limited partnership that is a foreign entity may be a controlled foreign corporate limited partnership, see section 820‑760.

820‑755  What is an Australian controller of a controlled foreign trust?

  An entity is an Australian controller of a *controlled foreign trust at a particular time if, and only if, at that time, the entity is an *Australian entity holding a *TC control interest in the trust that is 10% or more.

820‑760  What is an Australian controller of a controlled foreign corporate limited partnership?

Australian controller of a controlled foreign corporate limited partnership

 (1) An entity is an Australian controller of