Taxation Administration Regulations 2017
The amount to be withheld from a dividend to which section 12-210 in Schedule 1 to the Act applies is:
(a) if an address mentioned in paragraph 12-210(a) , or a place mentioned in paragraph 12-210(b) , in Schedule 1 to the Act is in a tax sharing country and the relevant international tax sharing treaty applies to the dividend - an amount calculated at the rate provided for in the treaty; and
(b) if paragraph (a) does not apply, but that address or place is in a double tax country - an amount calculated at the rate provided for in the relevant double tax agreement; and
(c) if paragraphs (a) and (b) do not apply - an amount equal to 30% of the amount of the dividend.
40(2)
The amount to be withheld from a dividend to which section 12-215 in Schedule 1 to the Act applies is:
(a) if a foreign resident mentioned in paragraph 12-215(1)(b) in Schedule 1 to the Act is a resident of a tax sharing country and the relevant international tax sharing treaty applies to the dividend - an amount calculated at the rate provided for in the treaty; and
(b) if paragraph (a) does not apply, but that foreign resident is a resident of a double tax country - an amount calculated at the rate provided for in the relevant double tax agreement; and
(c) if paragraphs (a) and (b) do not apply - an amount equal to 30% of the amount of the dividend.
40(3)
However, paragraphs (1)(b) and (2)(b) do not apply in relation to a dividend that is:
(a) paid to a resident of the United States of America; and
(b) included in a class of dividends that is exempt from tax under the law of that country.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
