Income Tax Assessment Act 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 815 - Cross-border transfer pricing  

Subdivision 815-C - Arm ' s length principle for permanent establishments  

Operative provisions

SECTION 815-235   Guidance  

815-235(1)    
For the purpose of determining the effect this Subdivision has in relation to an entity, work out *arm ' s length profits, and identify *arm ' s length conditions, so as best to achieve consistency with:

(a) the documents covered by this section; and

(b) subject to paragraph (a), the documents covered by section 815-135 .

815-235(2)    
The documents covered by this section are as follows:

(a) the Model Tax Convention on Income and on Capital, and its Commentaries, as adopted by the Council of the Organisation for Economic Cooperation and Development and last amended on 22 July 2010, to the extent that document extracts the text of Article 7 and its Commentary as they read before 22 July 2010;

(b) a document, or part of a document, prescribed by the regulations for the purposes of this paragraph.

815-235(3)    
However, the document mentioned in paragraph (2)(a) is not covered by this section if the regulations so prescribe.

815-235(4)    
A document covered by section 815-135 is to be disregarded for the purposes of this section if the regulations so prescribe.

815-235(5)    
Regulations made for the purposes of paragraph (2)(b), subsection (3) or subsection (4) may prescribe different documents or parts of documents for different circumstances.