shopping_cart

Your shopping cart is empty

Thin capitalisation and transfer pricing paper

Published on 09 Feb 10 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

In November 2007, the ATO released Draft Tax Determination TD 2007/D20. The draft stated: "..the existence of a safe harbour debt amount for the purposes of Division 820 [Thin Cap] does not prevent the Commissioner from determining an appropriate arm's length cost for all of the debt funding ..". This was followed by the release of a Discussion Paper on "Intra-group finance guarantees and loans" in June 2008, and a number of selected references in 2009 speeches by the Commissioner and other ATO officers.

This paper provides an up-to-date report on subsequent progress, including:

  • a summary of the latest ATO position
  • Division 13 and its interface with other arm's length rules
  • the arm's length principle
  • the tax policy perspective.

Author profile

Richard Shaddick FTI
Richard Shaddick FTIA is a Director of Greenwoods & Freehills in Melbourne. He has extensive experience in international taxation with his primary area of interest being the taxation of controlled foreign companies. Richard is a member of the Public Rulings Panel of the Australian Taxation Office. He is a former State & National Councillor of the Taxation Institute, and a former Australian President of the International Fiscal Association. He represented the Taxation Institute on the Tax Treaties Advisory Panel from 1997-2006. He is an occasional member of the GAAR Panel. - Current at 25 July 2016
Click here to expand/collapse more articles by Richard SHADDICK.

 

This was presented at Current Corporate Tax Issues .

Get a 20% discount when you buy all the items from this event.

Individual sessions



The international tax interface

Author(s):  Chris MORRIS

Materials from this session:



Further details about this event:

 

Copyright Statement
click to expand/collapse