Australia Consults on Draft Taxation Determinations Concerning the Application of Debt-Equity Rules and Transfer Pricing Rules

The Australian Taxation Office (ATO) has launched a public consultation on a draft taxation determination (TD 2018/D6) concerning whether the debt and equity rules in Division 974 of the Income Tax Assessment Act 1997 can limit the operation of the transfer pricing rules in Subdivision 815-B of the Income Tax Assessment Act 1997. The draft ruling provided in TD 2018/D6 answers as follows:

1. No. Subsection 815-110(1) of the Income Tax Assessment Act 1997 (ITAA 1997) states expressly that nothin…