Commonwealth Numbered Regulations

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TAXATION ADMINISTRATION REGULATIONS 2017 (F2017L01227) - REG 40

Dividend payments

             (1)  The amount to be withheld from a dividend to which section 12-210 in Schedule 1 to the Act applies is:

                     (a)  if an address mentioned in paragraph 12-210(a), or a place mentioned in paragraph 12-210(b), in Schedule 1 to the Act is in a tax sharing country and the relevant international tax sharing treaty applies to the dividend--an amount calculated at the rate provided for in the treaty; and

                     (b)  if paragraph (a) does not apply, but that address or place is in a double tax country--an amount calculated at the rate provided for in the relevant double tax agreement; and

                     (c)  if paragraphs (a) and (b) do not apply--an amount equal to 30% of the amount of the dividend.

             (2)  The amount to be withheld from a dividend to which section 12-215 in Schedule 1 to the Act applies is:

                     (a)  if a foreign resident mentioned in paragraph 12-215(1)(b) in Schedule 1 to the Act is a resident of a tax sharing country and the relevant international tax sharing treaty applies to the dividend--an amount calculated at the rate provided for in the treaty; and

                     (b)  if paragraph (a) does not apply, but that foreign resident is a resident of a double tax country--an amount calculated at the rate provided for in the relevant double tax agreement; and

                     (c)  if paragraphs (a) and (b) do not apply--an amount equal to 30% of the amount of the dividend.

             (3)  However, paragraphs (1)(b) and (2)(b) do not apply in relation to a dividend that is:

                     (a)  paid to a resident of the United States of America; and

                     (b)  included in a class of dividends that is exempt from tax under the law of that country.



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