Australia Issues Final Taxation Determination Concerning the Application of Debt-Equity Rules and Transfer Pricing Rules

The Australian Taxation Office (ATO) has issued Taxation Determination (TD) 2019/10 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 ruling provided in TD 2019/10 answers as follows:

1. No. Subsection 815-110(1) of the Income Tax Assessment Act 1997 (ITAA 1997) states expressly that nothing in the income tax assessment legislatio…