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1995 No. 448 TAXATION (INTEREST ON OVERPAYMENTS) REGULATIONS (AMENDMENT) - REG 4
4. New regulations and Schedules
4.1 Add at the end: Prescribed economic double tax correlative relief
provisions (Act, paragraph 3A (1) (b))
"5. For the purposes of paragraph 3A (1) (b) of the Act, the provisions of the
double tax agreements listed in Schedule 1 are prescribed.
Prescribed manner of operation of business profits provisions-juridical double
tax relief (Act, paragraph 3A (1) (b))
"6. (1) For the purposes of paragraph 3A (1) (b) of the Act, the following
manner of operation of the provisions of the double tax agreements listed in
Schedule 2 is prescribed:
(a) in the case that the taxpayer is a resident of Australia-if the
provision has been applied in a manner which increases the profits of
the taxpayer which are attributable to a permanent establishment in
the other Contracting State; or
(b) in the case that the taxpayer is not a resident of Australia-if the
provision has been applied in a manner which decreases the profits of
the taxpayer which are attributable to a permanent establishment in
Australia.
"(2) In subregulation (1), unless the contrary intention appears, 'profits'
includes:
(a) industrial or commercial profits within the meaning of:
(i) the Japanese agreement; or
(ii) the United Kingdom agreement; or
(iii) the 1960 New Zealand agreement; or
(iv) the 1972 New Zealand agreement; or
(v) the previous Canadian agreement; or
(vi) the previous United Kingdom agreement; or
(vii) the previous United States convention; or
(b) income or profits within the meaning of the Malaysian agreement; or
(c) business profits within the meaning of the United States convention.
"(3) For the purposes of paragraph 3A (1) (b) of the Act, the following manner
of operation of the provisions of the double tax agreements listed in Schedule
3 is prescribed:
(a) in the case that the taxpayer is a resident of Australia-if the
provision has been applied in a manner which results in an increase
in:
(i) the profits of the taxpayer which are attributable to a
permanent establishment in the other Contracting State; or
(ii) the profits attributable to the sales in the other Contracting
State of goods or merchandise of the same or similar kind as
those sold through that permanent establishment; or
(iii) the profits attributable to other business activities carried
on in the other Contracting State of the same or similar kind
as those carried on through that permanent establishment; or
(b) in the case that the taxpayer is not a resident of Australia-if the
provision has been applied in a manner which results in a decrease in:
(i) the profits of the taxpayer which are attributable to a
permanent establishment in Australia; or
(ii) the profits attributable to the sales in Australia of goods or
merchandise of the same or similar kind as those sold through
that permanent establishment; or
(iii) the profits attributable to other business activities carried
on in Australia of the same or similar kind as those carried on
through that permanent establishment.
Prescribed economic double tax correlative relief provisions (Act, paragraph
3A (2) (b))
"7. For the purposes of paragraph 3A (2) (b) of the Act, Article 9 (paragraph
(3)) of the Vietnamese agreement is prescribed. Prescribed manner of operation
of business profits provisions-juridical double tax relief (Act, paragraph 3A
(2) (b))
"8. For the purposes of paragraph 3A (2) (b) of the Act, the following manner
of operation of Article 7 of the Vietnamese agreement is prescribed:
(a) in the case that the taxpayer is a resident of Australia-if the
paragraph applies in a manner which increases the profits of the
taxpayer which are attributable to a permanent establishment in the
primary foreign country; or
(b) in the case that the taxpayer is not a resident of Australia-if the
paragraph applies in a manner which decreases the profits of the
taxpayer which are attributable to a permanent establishment in
Australia.
"SCHEDULE 1 Regulation 5
PROVISIONS OF DOUBLE TAX AGREEMENTS PRESCRIBED FOR THE PURPOSE
OF PARAGRAPH 3A (1) (B) OF THE ACT
Provision
Item no. Double tax agreement Article Paragraph
101 Austrian agreement 9 (3)
102 Belgian agreement 9 (3)
103 Canadian convention 9 (3)
104 Chinese agreement 9 3
105 Czech agreement 9 3
106 Danish agreement 9 (3)
107 Fijian agreement 9 (4)
108 Finnish agreement 9 (3)
109 French agreement 8 (3)
110 Hungarian agreement 9 (3)
111 Indian agreement 9 (3)
112 Indonesian agreement 9 (3)
113 Irish agreement 10 (4)
114 Japanese agreement 17 (4)
115 Kiribati agreement 9 3
116 Korean convention 9 (5)
117 Malaysian agreement 23 4
118 Maltese agreement 9 (3)
119 Netherlands agreement 9 (2)
120 1972 New Zealand agreement 18 (4)
121 New Zealand agreement 9 3
122 Norwegian convention 9 (3)
123 Papua New Guinea agreement 9 3
124 Philippine agreement 9 (3)
125 Polish agreement 9 3
126 Singapore agreement
(as in force at any time) 6 3
127 Singapore agreement
(as in force before 19.12.1989)
18 6
128 Spanish agreement 9 (3)
129 Sri Lankan agreement 9 (3)
130 Swedish agreement 9 (3)
131 Thai agreement 9 3
132 United Kingdom agreement 19 (4)
133 United States convention 9 (2)
134 Vietnamese agreement 9 (3)
"SCHEDULE 2 Subregulation 6 (1)
PROVISIONS OF DOUBLE TAX AGREEMENTS FOR WHICH THE MANNER OF OPERATION
IS PRESCRIBED FOR THE PURPOSE OF PARAGRAPH 3A (1) (B) OF THE ACT
Item no. Double tax agreement Article
201 Austrian agreement 7
202 Belgian agreement 7
203 Canadian convention 7
204 Chinese agreement 7
205 Czech agreement 7
206 Danish agreement 7
207 Finnish agreement 7
208 French agreement 6
209 German agreement 7
210 Hungarian agreement 7
211 Irish agreement 8
212 Italian convention 7
213 Japanese agreement 4
214 Korean convention 7
215 Malaysian agreement 7
216 Maltese agreement 7
217 Netherlands agreement 7
218 1960 New Zealand agreement III
219 1972 New Zealand agreement 5
220 New Zealand agreement 7
221 Norwegian convention 7
222 Polish agreement 7
223 Previous Canadian agreement III
224 Previous United Kingdom agreement III
225 Previous United States convention III
226 Singapore agreement 5
227 Spanish agreement 7
228 Swedish agreement 7
229 Swiss agreement 7
230 United Kingdom agreement 5
231 United States convention 7
232 Vietnamese agreement 7
"SCHEDULE 3 Subregulation 6 (3)
PROVISIONS OF DOUBLE TAX AGREEMENTS FOR WHICH THE MANNER OF OPERATION
IS PRESCRIBED FOR THE PURPOSE OF PARAGRAPH 3A (1) (B) OF THE ACT
Item no. Double tax agreement Article
301 Fijian agreement 7
302 Indian agreement 7
303 Indonesian agreement 7
304 Kiribati agreement 7
305 Papua New Guinea agreement 7
306 Philippine agreement 7
307 Sri Lankan agreement 7
308 Thai agreement 7".
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