Catchwords:

TAXATION – cross-border transfer pricing and arm’s length consideration provisions – whether primary judge erred in formulating the reliable hypothesis required to apply Subdivision 815-A of the Income Tax Assessment Act 1997 (Cth) and Division 13 of the Income Tax Assessment Act 1936 (Cth) – whether primary judge erred in finding that moving to a fixed base interest rate for the last three years of the loan term was not commercially justified – whether primary judge erred in finding that the capitalisation of interest should be on an annual basis – whether primary judge erred in concluding that loan amendment was irrational – whether primary judge erred in his conclusion as to the legal effect of determinations made by the Commissioner – whether primary judge erred in failing to consider losses arising before the relevant assessment years – matters raised by notice of contention did not arise – appeal dismissed