TAXATION (INTEREST ON OVERPAYMENTS AND EARLY PAYMENTS) REGULATIONS 1992 (REPEALED)

REGULATION 6   PRESCRIBED MANNER OF OPERATION OF BUSINESS PROFITS PROVISIONS - JURIDICAL DOUBLE TAX RELIEF (ACT, PARAGRAPH 3A(1)(b))  

6(1)    
For the purposes of paragraph 3A(1)(b) of the Act, the following manner of operation of the provisions of the double tax agreements listed in Schedule 2 is prescribed:

(a) in the case that the taxpayer is a resident of Australia - if the provision has been applied in a manner which increases the profits of the taxpayer which are attributable to a permanent establishment in the other Contracting State; or

(b) in the case that the taxpayer is not a resident of Australia - if the provision has been applied in a manner which decreases the profits of the taxpayer which are attributable to a permanent establishment in Australia.

6(2)    
In subregulation (1), unless the contrary intention appears, ``profits'' includes:

(a) industrial or commercial profits within the meaning of:

(i) the Japanese agreement; or

(ii) the United Kingdom agreement; or

(iii) the 1960 New Zealand agreement; or

(iv) the 1972 New Zealand agreement; or

(v) the previous Canadian agreement; or

(vi) the previous United Kingdom agreement; or

(vii) the previous United States convention; or

(b) income or profits within the meaning of the Malaysian agreement; or

(c) business profits within the meaning of the United States convention.

6(3)    
For the purposes of paragraph 3A(1)(b) of the Act, the following manner of operation of the provisions of the double tax agreements listed in Schedule 3 is prescribed:

(a) in the case that the taxpayer is a resident of Australia - if the provision has been applied in a manner which results in an increase in:

(i) the profits of the taxpayer which are attributable to a permanent establishment in the other Contracting State; or

(ii) the profits attributable to the sales in the other Contracting State of goods or merchandise of the same or similar kind as those sold through that permanent establishment; or

(iii) the profits attributable to other business activities carried on in the other Contracting State of the same or similar kind as those carried on through that permanent establishment; or

(b) in the case that the taxpayer is not a resident of Australia - if the provision has been applied in a manner which results in a decrease in:

(i) the profits of the taxpayer which are attributable to a permanent establishment in Australia; or

(ii) the profits attributable to the sales in Australia of goods or merchandise of the same or similar kind as those sold through that permanent establishment; or

(iii) the profits attributable to other business activities carried on in Australia of the same or similar kind as those carried on through that permanent establishment.