Recently the ATO has increased its focus on deductions arising from cross-border debt structures. This is evidenced by current audit activity with regard to interest paid to foreign affiliates, the ATOs review of section 25-90, its Taxpayer Alert 2009/09 and the release of TR2009/D6.
This event deconstructed some of the current thinking on the pricing of intra-group debt, the legality of the Commissioner's powers with regard to transfer pricing and discussed the practicalities of complying with the Commissioner's rule of thumb.