Explanatory Notes

Taxation (International and Other Provisions) Act 2010

2010 CHAPTER 8

18 March 2010

Commentary on Sections

Schedule 5: Factoring of income etc: new Chapters 5B and 5C of Part 13 of ITA 2007

Chapter 5B: Finance arrangements

Section 809BZD: Deemed interest if borrower is not a partnership

1128.This section allows income tax relief to be given if there is a type 1 finance arrangement and the borrower is not a partnership. It is based on section 774B(4), (7) and (8) of ICTA.

1129.As well as specifying the conditions for this section to apply, subsection (1) introduces the person (namely, the borrower) eligible for income tax relief.

1130.Subsection (2) permits the borrower mentioned in subsection (1) to treat the amount as interest payable on a loan. If the relevant statutory conditions are met, the deemed interest qualifies for income tax relief under Chapter 1 of Part 8 of ITA.

1131.If subsection (2) deems there to be interest payable, subsection (3) determines when it is deemed to be paid.