Commonwealth Consolidated Acts Commonwealth Consolidated Acts
International Tax Agreements Act 1953
1 After section 3
Insert:
3A Alienation of real property through interposed entities
(1) This section applies if:
(a) an agreement makes provision in relation to income, profits or gains from the alienation or disposition of shares or comparable interests in companies, or of interests in other entities, whose assets consist wholly or principally of real property (within the meaning of the agreement) or other interests in relation to land; and
(b) this Act gave that provision the force of law before 27 April 1998.
(2) For the purposes of this Act, that provision is taken to extend to the alienation or disposition of shares or any other interests in companies, and in any other entities, the value of whose assets is wholly or principally attributable, whether directly, or indirectly through one or more interposed companies or other entities, to such real property or interests.
(3) However, subsection ( 2) applies only if the real property or land concerned is situated in Australia (within the meaning of the relevant agreement).
(4) If, after the commencement of this section, this Act is amended so as to give the force of law to an amendment or substitution of a provision mentioned in subsection ( 1), this section ceases to apply to that provision from the time that the amendment of the Act takes effect.
(5) In this section:
"entity" has the same meaning as in the Income Tax Assessment Act 1997 , but does not include an individual in his or her personal capacity.
2 Application
The amendment made by this Schedule applies to income, profits or gains from the alienation or disposition of shares or interests after 12 noon, by legal time in the Australian Capital Territory, on 27 April 1998.