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INCOME TAX ASSESSMENT ACT 1997 - SECT 832.335

Adjustment if hybrid payer has dual inclusion income in a later year

  (1)   There is an adjustment under this section for an entity in an income year (the adjustment year ) if:

  (a)   in an earlier income year, all or part of a deduction of the entity in respect of a payment that gave rise to a * hybrid payer mismatch was not allowable under section   832 - 285; and

  (b)   an amount of * dual inclusion income is:

  (i)   available to be applied by the * hybrid payer in the adjustment year; and

  (ii)   * subject to Australian income tax for the purposes of subsection   832 - 680(1) in the adjustment year; and

  (iii)   * subject to foreign income tax for the purposes of subsection   832 - 680(1) in the non - including country identified in subsection   832 - 320(3).

  (2)   So much of the amount of * dual inclusion income that satisfies paragraph   (1)(b) as does not exceed the amount that was not allowable as a deduction is an amount the entity can deduct in the adjustment year.

  (3)   For the purposes of a later application of this section, treat the amount that was not allowable as a deduction under section   832 - 285 as being reduced by the amount deducted under subsection   (2) of this section.


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