(1) A structured arrangement mismatch outcome shall arise where a company, referred to in section 835AT(1), would reasonably be expected to be aware that -
(a) it entered into a structured arrangement,
(b) it shared in the value of the tax benefit resulting from the mismatch outcome, and
(c) the mismatch outcome has not been neutralised through the application of a provision similar to this Part in another territory.
(2) A structured arrangement mismatch outcome shall, notwithstanding any other provision of the Tax Acts and the Capital Gains Tax Acts, be neutralised by the taxpayer being denied a deduction for the purposes of domestic tax for so much of the payment as corresponds to the mismatch outcome which has not been neutralised in another territory.
(3) In determining, for the purposes of subsection (1) whether a mismatch outcome has arisen from a transaction or series of transactions, this Part, other than this Chapter, shall be applied as if 'domestic tax' and 'foreign tax' wer
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