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New Royalty Penalty and withdrawal of intangibles measure

The government will introduce a new penalty provision for royalty withholding tax.

Last updated 27 March 2025

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The Australian government is now in Caretaker.

Announced measures that are not yet law will be subject to consideration by the incoming government. In these circumstances, you need to self-assess based on the current law. If you choose to anticipate new law in line with the announcement and it is not enacted, you may need to seek an amendment.

 

For more information, see Administrative treatment of retrospective legislation.

On 14 May 2024, as part of the 2024–25 Budget, the Government announced from 1 July 2026 it will introduce a new penalty for taxpayers with more than $1 billion in global turnover annually, who have mischaracterised or undervalued royalty payments to which withholding tax would normally apply. This measure is not yet law.

The government also announced it will no longer proceed with the 2022–23 October Budget measure Multinational Tax Integrity Package – denying deductions for payments relating to intangibles held in low - or no-tax jurisdictions.

More information

QC102085