There’s no double jeopardy with mismatches

James Macky explains the concept of double jeopardy and how its principles don't apply to the rules around hybrid mismatches and thin capitalisation.

Double jeopardy is generally understood as a legal principle that a person cannot be penalised again for the same offence. Unfortunately the concept has not been extended to the worlds of hybrid mismatches and thin capitalisation.As has been written about in KPMG Tax Now before, the hybrid mismatch rules (the Rules) have been implemented in Australia to stop multi-national groups benefiting from double non-taxation outcomes. These outcomes can arise where two deductions are claimed for the sa...

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Authors: James Macky

Published Date: 12 August 2019