Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1936 - SECT 333

             (1)  For the purposes of this Part, a company is a resident of an unlisted country at a particular time if, and only if:

                     (a)  the company is, in accordance with subsection (2), a resident of a particular unlisted country at that time; or

                     (b)  paragraph (a) does not apply and the company is at that time neither:

                              (i)  a Part X Australian resident; nor

                             (ii)  a resident of a particular listed country.

             (2)  For the purposes of this Part, a company is a resident of a particular unlisted country (in this section called the unlisted country of residence ) at a particular time if, and only if:

                     (a)  the company is not a Part X Australian resident at that time; and

                     (b)  the company is not treated as a resident of a listed country at that time for the purposes of the tax law of the listed country; and

                     (c)  any of the following subparagraphs applies:

                              (i)  both of the following conditions are satisfied at that time:

                                        (A)  the company is treated as a resident of the unlisted country of residence for the purposes of the tax law of the unlisted country of residence;

                                        (B)  the company is not treated as a resident of any other unlisted country for the purposes of the tax law of the unlisted country;

                             (ii)  both of the following conditions are satisfied at that time:

                                        (A)  the company is treated as a resident of the unlisted country of residence and at least one other unlisted country for the purposes of the tax laws of each of those unlisted countries;

                                        (B)  the company is incorporated in the unlisted country of residence;

                            (iii)  both of the following conditions are satisfied at that time:

                                        (A)  the company is not treated as a resident of any unlisted country for the purposes of the tax law of the unlisted country;

                                        (B)  the company's management and control is solely or principally located in the unlisted country of residence.

                            (iv)  all of the following conditions are satisfied at that time:

                                        (A)  the company is not treated as a resident of any unlisted country for the purposes of the tax law of the unlisted country;

                                        (B)  the company's management and control is not solely or principally located in the unlisted country of residence;

                                        (C)  the company is incorporated in the unlisted country of residence.