Income Tax Assessment Act 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

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History

Chapter 4 inserted by No 162 of 2001.

PART 4-5 - GENERAL  

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Part 4-5 inserted by No 162 of 2001.

Division 815 - Cross-border transfer pricing  

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Div 815 inserted by No 115 of 2012, s 3 and Sch 1 item 6, effective 8 September 2012.

Subdivision 815-A - Treaty-equivalent cross-border transfer pricing rules  

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Subdiv 815-A inserted by No 115 of 2012, s 3 and Sch 1 item 6, effective 8 September 2012.

Operative provisions

SECTION 815-10   Transfer pricing benefit may be negated  

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815-10(1)    
The Commissioner may make a determination mentioned in subsection 815-30(1) , in writing, for the purpose of negating a * transfer pricing benefit an entity gets.

Treaty requirement

815-10(2)    
However, this section only applies to an entity if:

(a) the entity gets the * transfer pricing benefit under subsection 815-15(1) at a time when an * international tax agreement containing an * associated enterprises article applies to the entity; or

(b) the entity gets the transfer pricing benefit under subsection 815-15(2) at a time when an international tax agreement containing a * business profits article applies to the entity.

Note:

This Subdivision does not apply to income years to which Subdivisions 815-B and 815-C apply: see section 815-1 of the Income Tax (Transitional Provisions) Act 1997 .

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S 815-10 amended by No 101 of 2013, s 3 and Sch 2 item 32, by inserting the note, applicable: (a) in respect of tax other than withholding tax - in relation to income years starting on or after the date mentioned in subsection 815-15(2) of the Income Tax (Transitional Provisions) Act 1997 , as inserted; and (b) in respect of withholding tax - in relation to income derived, or taken to be derived, in income years starting on or after that date.

S 815-10 inserted by No 115 of 2012, s 3 and Sch 1 item 6, effective 8 September 2012.

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