Debt/Equity: whether short term trade finance gives rise to debt interest exception under Division 974

at least a substantial part of the financial benefit (as defined in section 974-160 of the ITAA 1997) does not consist of either (or a combination of the following) a liquid or monetary asset or an amount of money (subparagraphs 975-25(1)(a)(i) and 975-25(1)(a)(ii) of the ITAA 1997); and 2. under the scheme(s) the financial benefit that the issuer, or a connected entity of the issuer, has an effectively non-contingent obligation to provide, to be provided within a period of no more than 100 days from when the issuer, or a connected entity, first received the financial benefit under that scheme(s). The only exception to this requirement is where the issuer is required to provide that financial benefit within the 100 day period and neglects to do so or in unable to do so (although willing to do so) (paragraph 974-25(1)(b) and subparagraphs 974-25(1)(c)(i), 974-25(1)(c)(ii) and 974-25(1)(c)(iii) of the ITAA 1997); and 3. the scheme is not one of several related schemes that together are taken to give rise to a debt interest as defined under subsection 974-15(2) of the ITAA 1997 (paragraph 975-25(1)(d) of the ITAA 1997).