CHAPTER 4
-
INTERNATIONAL ASPECTS OF INCOME TAX
History
Chapter 4 inserted by No 162 of 2001.
PART 4-5
-
GENERAL
History
Part 4-5 inserted by No 162 of 2001.
Division 815
-
Cross-border transfer pricing
History
Div 815 inserted by No 115 of 2012, s 3 and Sch 1 item 6, effective 8 September 2012.
Subdivision 815-B
-
Arm
'
s length principle for cross-border conditions between entities
[
CCH Note:
For the application of Subdivisions
815-B
,
815-C
and
815-D
of the
Income Tax Assessment Act 1997
, as inserted, see Division
815
of the
Income Tax (Transitional Provisions) Act 1997
.]
History
Subdiv 815-B inserted by No 101 of 2013, s 3 and Sch 2 item 2, effective 29 June 2013.
Operative provisions
SECTION 815-135
Guidance
815-135(1)
For the purpose of determining the effect this Subdivision has in relation to an entity, identify *arm
'
s length conditions so as best to achieve consistency with the documents covered by this section.
815-135(2)
The documents covered by this section are as follows:
(a)
the Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, as approved by the Council of the Organisation for Economic Cooperation and Development and last amended on 20 January 2022;
(aa)
(Repealed by No 64 of 2020)
(b)
a document, or part of a document, prescribed by the regulations for the purposes of this paragraph.
History
S 815-135(2) amended by No 67 of 2024, s 3 and Sch 5 item 51, by substituting
"
20 January 2022
"
for
"
19 May 2017
"
in para (a), effective 1 October 2024 and applicable: (a) in respect of tax other than withholding tax
-
in relation to income years starting on or after 1 July 2022; and (b) in respect of withholding tax
-
in relation to income derived, or taken to be derived, in income years starting on or after 1 July 2022.
S 815-135(2) amended by No 64 of 2020, s 3 and Sch 3 items 115
-
117, by omitting
"
subject to paragraph (aa),
"
before
"
the Transfer Pricing
"
from para (a), substituting
"
19 May 2017
"
for
"
22 July 2010
"
in para (a) and repealing para (aa), effective 1 July 2020 and applicable (a) in respect of tax other than withholding tax
-
in relation to income years starting on or after 1 July 2017; and (b) in respect of withholding tax
-
in relation to income derived, or taken to be derived, in income years starting on or after 1 July 2017. Para (aa) formerly read:
(aa)
the Aligning Transfer Pricing Outcomes with Value Creation, Actions 8-10 - 2015 Final Reports, of the Organisation for Economic Cooperation and Development, published on 5 October 2015;
S 815-135(2) amended by No 27 of 2017, s 3 and Sch 3 items 1 and 2, by inserting
"
subject to paragraph (aa),
"
in para (a) and inserting para (aa), applicable in relation to income years starting on or after 1 July 2016.
815-135(3)
However, the document mentioned in paragraph
(2)(a)
is not covered by this section if the regulations so prescribe.
History
S 815-135(3) amended by No 64 of 2020, s 3 and Sch 3 item 118, by omitting
"
or (aa)
"
after
"
paragraph (2)(a)
"
, effective 1 July 2020 and applicable (a) in respect of tax other than withholding tax
-
in relation to income years starting on or after 1 July 2017; and (b) in respect of withholding tax
-
in relation to income derived, or taken to be derived, in income years starting on or after 1 July 2017.
S 815-135(3) amended by No 27 of 2017, s 3 and Sch 3 item 3, by inserting
"
or (aa)
"
, applicable in relation to income years starting on or after 1 July 2016.
815-135(4)
Regulations made for the purposes of paragraph
(2)(b)
or subsection
(3)
may prescribe different documents or parts of documents for different circumstances.
[
CCH Note:
For the application of Subdivisions
815-B
,
815-C
and
815-D
of the
Income Tax Assessment Act 1997
, as inserted, see Division
815
of the
Income Tax (Transitional Provisions) Act 1997
.]
History
S 815-135 inserted by No 101 of 2013, s 3 and Sch 2 item 2, effective 29 June 2013.