Document ID: chunk:federal_register_of_legislation:C2024A00023:clause:2_29:p11
Version: federal_register_of_legislation:C2024A00023
Segment Type: clause
Provision Reference: sch 2 cl 29 (pt 11/15)
Character Range: 42128–44664

*associate entity of the entity; and
 (b) either:
 (i) the entity is a *GR group member for the period of the *GR group and the associate entity is not such a GR group member; or
 (ii) the entity is not a GR group member for the period of the GR group and the associate entity is such a GR group member.
 (4) The adjusted net third party interest expense, for a period, of an entity or a *GR group is:
 (a) for an entity—the amount that would be the entity's net interest expense for the period if the following payments were disregarded:
 (i) a payment that is made by the entity to an *associate entity of the entity;
 (ii) a payment that is made by an associate entity of the entity to the entity; or
 (b) for a GR group—the amount that would be the GR group's net interest expense for the period if the following payments were disregarded:
 (i) a payment that is made by a *GR group member of the GR group to an associate entity of any GR group member of the GR group;
 (ii) a payment that is made by an associate entity of a GR group member of the GR group to any GR group member of the GR group.
 (5) For the purposes of subsections (3) and (4), in determining whether an entity is an associate entity of another entity:
 (aa) disregard the requirement in subsections 820‑905(1) and (2A) that the entity is an *associate of the other entity, unless only paragraph 820‑905(1)(b) applies; and
 (a) treat the references in paragraphs 820‑905(1)(a) and 820‑905(2A)(a) to "an *associate interest of 50% or more" as instead being a reference to "a *TC control interest of 20% or more"; and
 (b) treat subsection 820‑860(3) as applying for the purposes of determining whether the entity is an associate entity of the other entity (as a result of paragraph (a) of this subsection); and
 (c) treat the purposes mentioned in subparagraphs 820‑870(1)(b)(i) and (ii) as including the purposes of determining whether the entity is an associate entity of the other entity (as a result of paragraph (a) of this subsection).

820‑55  Meaning of entity EBITDA and GR group EBITDA
 (1) The entity EBITDA of an entity, for a period, is the sum of the following for the entity for the period:
 (a) the entity's net profit (disregarding tax expenses);
 (b) the entity's *adjusted net third party interest expense;
 (c) the entity's depreciation and amortisation expenses.
 (2) The GR group EBITDA, for a period, of a *GR group for the period, is the sum of the following:
 (a) the GR group's net profit (disregarding tax expenses);
 (b) the GR group's