Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p9
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 9/18)
Character Range: 7496117–7499109

Subsection (2) applies if:
 (a) an entity (the original paying entity) makes a payment of a kind mentioned in subparagraph 832‑725(1)(d)(i) to another entity; and
 (b) the other entity, or a further entity, pays an amount of that kind to a foreign entity; and
 (c) the payments mentioned in paragraphs (a) and (b) are made under an arrangement involving back‑to‑back loans or an arrangement that is economically equivalent and intended to have a similar effect to back‑to‑back loans.
 (2) For the purposes of this Subdivision, treat the original paying entity as having made the payment mentioned in paragraph (1)(a) to the foreign entity mentioned in paragraph (1)(b).

832‑735  Determination may specify kinds of scheme and circumstances where no denial of deduction
 (1) Subsection 832‑725(3) does not apply if:
 (a) where a determination made for the purposes of paragraph (2)(a) specifies a kind of *scheme—the scheme mentioned in subsection 832‑725(1) is of that kind; or
 (b) where a determination made for the purposes of paragraph (2)(b) specifies a kind of circumstances in relation to a scheme—circumstances of that kind exist in relation to the scheme mentioned in subsection 832‑725(1).
 (2) For the purposes of subsection (1), the Minister may, by legislative instrument, make a determination that:
 (a) specifies kinds of *schemes; and
 (b) specifies kinds of circumstances in relation to schemes.

Subdivision 832‑K—Modifications for Division 230 (about taxation of financial arrangements)

Guide to Subdivision 832‑K

832‑775  What this Subdivision is about
      This Subdivision contains modifications applying to gains and losses from financial arrangements.

Table of sections

Operative provisions
832‑780 Section 832‑20 applies to Division 230 losses
832‑785 Adjusting Division 230 loss
832‑790 Modifications relating to Division 230 gains and losses

Operative provisions

832‑780  Section 832‑20 applies to Division 230 losses
  To avoid doubt, the reference in paragraph 832‑20(1)(a) to a loss includes:
 (a) a loss from a *Division 230 financial arrangement; and
 (b) an amount treated under section 832‑790 as a separate loss from a Division 230 financial arrangement.

832‑785  Adjusting Division 230 loss
 (1) This section applies if a provision of this Division (a disallowing provision) would, apart from this section, apply to make not allowable all or a part of a deduction for:
 (a) a loss from a *Division 230 financial arrangement; or
 (b) an amount treated under section 832‑790 as a separate loss from a Division 230 financial arrangement.
 (2) The disallowing provision does not apply.
Note: See instead section 230‑522.
 (3) However, the following provisions (about adjustments) apply as if the disallowing provision had applied to make the deduction, or the part of the deduction, not allowable:
 (a) 832‑240(1)(a);
 (b) 832‑335(1)(a);
 (c) 832‑565(1)(a).

832‑790  Modifications relating to Division 230 gains and losses
 (1) This section applies to