Income Tax Assessment Act 1997
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View history noteChapter 4 inserted by No 162 of 2001.
Part 4-5 inserted by No 162 of 2001.
Div 815 inserted by No 115 of 2012, s 3 and Sch 1 item 6, effective 8 September 2012.
[ 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 .]
Subdiv 815-B inserted by No 101 of 2013, s 3 and Sch 2 item 2, effective 29 June 2013.
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(aa) (Repealed by No 64 of 2020) (b) a document, or part of a document, prescribed by the regulations for the purposes of this paragraph.
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.
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 .]
S 815-135 inserted by No 101 of 2013, s 3 and Sch 2 item 2, effective 29 June 2013.
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