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Taxation Ruling

IT 2660A - Addendum

Income tax: definition of royalties

  • Please note that the PDF version is the authorised version of this ruling.
    This ruling contains references to repealed provisions, some of which may have been rewritten. The ruling still has effect. Paragraph 32 in TR 2006/10 provides further guidance on the status and binding effect of public rulings where the law has been repealed or repealed and rewritten. The legislative references at the end of the ruling indicate the repealed provisions and, where applicable, the rewritten provisions.
    This ruling contains references to repealed provisions, some of which may have been re-enacted or remade. The ruling has effect in relation to the re-enacted or remade provisions. Paragraph 32 in TR 2006/10 provides further guidance on the status and binding effect of public rulings where the law has been repealed or repealed and rewritten.
    Australia's tax treaties and other agreements except for the Taipei Agreement are set out in the Australian Treaty Series. The citation for each is in a note to the applicable defined term in sections 3AAA or 3AAB of the International Tax Agreements Act 1953.

FOI status:

may be released

NOTICE OF ADDENDUM

This Addendum amends Taxation Ruling IT 2660 as follows:

1. Paragraph 1

(a)
Omit 'definition of "royalty" and "royalties" in subsection 6(1) of the Income Tax Assessment Act 1936'; substitute 'definition of royalty in subsection 995-1(1) of the Income Tax Assessment Act 1997';
(b)
Omit 'Income Tax (International Agreements) Act 1953'; substitute 'International Tax Agreements Act 1953'.

2. Paragraph 2

Before 'The definition of "royalty"', insert 'By subsection 995-1(1), royalty has the meaning given by subsection 6(1) of the Income Tax Assessment Act 1936 ('the old Act').'

3. Paragraph 3

(a)
Omit 'section 6C, paragraph 26(f) and Division 3B of Part VI.'; substitute 'section 15-20 (formerly paragraph 26(f) of the old Act) and Division 765 and for the purposes of section 6C of the old Act.'.
(b)
Omit the second sentence.

4. Paragraph 6

(a)
Omit 'Assessment Act'; substitute 'old Act';
(b)
Omit 'Income Tax (International Agreements) Act'; substitute 'International Tax Agreements Act 1953'.

Commissioner of Taxation
9 July 1997


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