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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
International Tax Agreements
Amendment Bill 2016
No. , 2016
(Treasury)
A Bill for an Act to amend the law relating to
taxation, and for related purposes
No. , 2016
International Tax Agreements Amendment Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Agreement with Germany
3
International Tax Agreements Act 1953
3
Part 2--Technical amendments
5
International Tax Agreements Act 1953
5
Taxation (Interest on Overpayments and Early Payments) Act 1983
5
No. , 2016
International Tax Agreements Amendment Bill 2016
1
A Bill for an Act to amend the law relating to
1
taxation, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the International Tax Agreements Amendment Act
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2016.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
International Tax Agreements Amendment Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments Schedule 1
Agreement with Germany Part 1
No. , 2016
International Tax Agreements Amendment Bill 2016
3
Schedule 1--Amendments
1
Part 1--Agreement with Germany
2
International Tax Agreements Act 1953
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1 Subsection 3AAA(1) (definition of German agreement)
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Repeal the definition, substitute:
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German agreement means:
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(a) the Agreement between Australia and the Federal Republic
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of Germany for the elimination of double taxation with
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respect to taxes on income and on capital and the prevention
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of fiscal evasion and avoidance; and
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(b) the protocol to that agreement;
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each done at Berlin on 12 November 2015.
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Note:
In 2016, the text of this agreement was accessible through the
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Australian Treaties Library on the AustLII website
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(www.austlii.edu.au).
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2 Subsection 3AAB(1)
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Insert:
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German 1972 agreement means:
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(a) the Agreement between the Commonwealth of Australia and
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the Federal Republic of Germany for the avoidance of double
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taxation and the prevention of fiscal evasion with respect to
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taxes on income and capital and to certain other taxes; and
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(b) the protocol to that agreement;
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each done at Melbourne on 24 November 1972.
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Note 1:
The text of this agreement and protocol is set out in Australian Treaty
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Series 1975 No. 8 ([1975] ATS 8).
26
Note 2:
Section 11 continues to give this agreement and protocol the force of
27
law in respect of certain income.
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3 Subsection 5(1) (after table item dealing with French
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convention)
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Insert:
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German agreement
nil
Schedule 1 Amendments
Part 1 Agreement with Germany
4
International Tax Agreements Amendment Bill 2016
No. , 2016
4 Section 11 (heading)
1
Repeal the heading, substitute:
2
11 Earlier agreement with Germany
3
5 Subsection 11(1)
4
Omit "Subject to this Act, on and after the date of entry into force of the
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German agreement, the provisions of the agreement, so far as those
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provisions affect Australian tax, have, and shall be deemed to have
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had,", substitute "Subject to this Act, the provisions of the German 1972
8
agreement, so far as those provisions affect Australian tax, continue to
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have".
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6 Subsection 11(3)
11
Repeal the subsection, substitute:
12
(2) For the purposes of the Assessment Act, income that:
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(a) is derived by a person who is a resident of the Federal
14
Republic of Germany for the purposes of the German 1972
15
agreement; and
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(b) is income in relation to which the agreement remains
17
effective; and
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(c) is income that, under Articles 6 to 8 and 10 to 16 of the
19
agreement, may be taxed in Australia;
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is taken to be derived from sources in Australia.
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Amendments Schedule 1
Technical amendments Part 2
No. , 2016
International Tax Agreements Amendment Bill 2016
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Part 2--Technical amendments
1
International Tax Agreements Act 1953
2
7 Subsection 3AAA(1) (note at the end of the definition of
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Swiss convention)
4
Repeal the note, substitute:
5
Note:
The text of this convention and protocol is set out in Australian Treaty
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Series 2014 No. 33 ([2014] ATS 33).
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8 Subsection 3AAB(1) (note 2 at the end of the definition of
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Swiss 1980 agreement)
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Omit "or fringe benefits".
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9 Subsection 24(1) (note)
11
Repeal the note, substitute:
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Note:
Article 9 of the United Kingdom convention deals with profits of
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associated enterprises.
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Taxation (Interest on Overpayments and Early Payments)
15
Act 1983
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10 Subsection 3A(1A)
17
Repeal the subsection, substitute:
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(1A) For the purposes of this Act, a decision to which this Act applies is
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made to provide correlative relief for economic double taxation if:
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(a) there is a double tax agreement applying to Australia and one
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of the following (a treaty partner):
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(i) a foreign country or a constituent part of a foreign
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country;
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(ii) an overseas territory; and
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(b) the treaty partner taxes profits, or purports to tax profits, in
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accordance with, or consistent with the principles of:
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(i) if the treaty partner is the United Kingdom--Article 9
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of the United Kingdom convention (within the meaning
29
of the International Tax Agreements Act 1953); or
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Schedule 1 Amendments
Part 2 Technical amendments
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International Tax Agreements Amendment Bill 2016
No. , 2016
(ii) otherwise--a corresponding provision of another double
1
tax agreement; and
2
Note:
Article 9 of the United Kingdom convention deals with profits of
3
associated enterprises.
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(c) the decision is made in giving effect to subsection 24(3) of
5
that Act.
6