Income tax: will a lender under a Land Transport Facilities borrowings agreement be denied deductions in respect of their own funding costs if they lend to the borrower at a lower rate of interest?

Taxation Determination TD 99/33 explains whether the lender will be denied deductions in respect of their own funding costs if they lend to the borrower at a lower rate of interest under the Land Transport Facilities borrowings agreement under Division 396 of the Income Tax Assessment Act 1997 (ITAA 1997).

Division 396 of the ITAA 1997 was repealed through Tax Laws Amendment (2011 Measures No.2) Act 2011 (41 of 2011) effective from 27 June 2011.