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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Treasury Laws Amendment
(International Tax Agreements) Bill 2019
No. , 2019
(Treasury)
A Bill for an Act to amend the law relating to
taxation, and for related purposes
No. , 2019
Treasury Laws Amendment (International Tax Agreements) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Israeli convention
3
International Tax Agreements Act 1953
3
Schedule 2--Source rules
4
Income Tax Assessment Act 1997
4
International Tax Agreements Act 1953
5
No. , 2019
Treasury Laws Amendment (International Tax Agreements) Bill 2019
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 Treasury Laws Amendment (International Tax
5
Agreements) Act 2019.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
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
Treasury Laws Amendment (International Tax Agreements) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
The first 1 January, 1 April, 1 July or
1 October to occur after 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.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
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repealed as set out in the applicable items in the Schedule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.
11
Israeli convention Schedule 1
No. , 2019
Treasury Laws Amendment (International Tax Agreements) Bill 2019
3
Schedule 1--Israeli convention
1
2
International Tax Agreements Act 1953
3
1 Subsection 3AAA(1)
4
Insert:
5
Israeli convention means:
6
(a) the Convention between the Government of Australia and the
7
Government of the State of Israel for the elimination of
8
double taxation with respect to taxes on income and the
9
prevention of tax evasion and avoidance; and
10
(b) the protocol to that convention;
11
each done at Canberra on 28 March 2019.
12
2 Subsection 5(1) (after table item relating to Isle of Man
13
agreement)
14
Insert:
15
Israeli convention
nil
Schedule 2 Source rules
4
Treasury Laws Amendment (International Tax Agreements) Bill 2019
No. , 2019
Schedule 2--Source rules
1
2
Income Tax Assessment Act 1997
3
1 Before Division 768
4
Insert:
5
Division 764--Source rules
6
Table of Subdivisions
7
Guide to Division 764
8
764-A Source rules
9
Guide to Division 764
10
764-1 What this Division is about
11
This Division contains a source rule for certain international tax
12
agreements.
13
Subdivision 764-A--Source rules
14
Table of sections
15
764-5
Source rule for international tax agreements
16
764-5 Source rule for international tax agreements
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(1) For the purposes of this Act, income, profits or gains have a source
18
in Australia if:
19
(a) for the purposes of an
*
international tax agreement, the
20
income, profits or gains are those of a person who is a
21
resident of a foreign country or foreign territory; and
22
(b) the effect of the agreement is that the income, profits or gains
23
may be taxed in Australia.
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(2) Subsection (1) applies in relation to
*
international tax agreements
25
made on or after 28 March 2019.
26
Source rules Schedule 2
No. , 2019
Treasury Laws Amendment (International Tax Agreements) Bill 2019
5
Note:
An international tax agreement not covered by this section may be
1
subject to specific source rules contained in the International Tax
2
Agreements Act 1953 or in the international tax agreement itself.
3
(3) This section has effect despite any other provision of this Act
4
(other than Part IVA of the Income Tax Assessment Act 1936).
5
2 Subsection 995-1(1) (definition of Australian source)
6
Omit "
*
ordinary income or
*
statutory income has an Australian source
7
if, and only if,", substitute "without limiting when
*
ordinary income or
8
*
statutory income has an Australian source, it has an Australian source
9
if".
10
International Tax Agreements Act 1953
11
3 Paragraph 3AA(2)(c)
12
Omit "11(3)", substitute "11(2)".
13
4 At the end of subsection 3AA(2)
14
Add:
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; (d) section 764-5 of the Income Tax Assessment Act 1997.
16