Commonwealth Numbered Regulations

TAXATION ADMINISTRATION REGULATIONS 2017 (F2017L01227) - REG 42

                   The amount to be withheld under section 12-280 or 12-285 in Schedule 1 to the Act from a royalty is:

                     (a)  if the person to whom the royalty is paid, or a foreign resident mentioned in paragraph 12-285(1)(b) in that Schedule, is a resident of the other party to an international tax sharing treaty that applies to the royalty--the amount calculated at the rate provided for in the treaty; and

                     (b)  if paragraph (a) does not apply, but the person to whom the royalty is paid, or a foreign resident mentioned in paragraph 12-285(1)(b) in Schedule 1 to the Act, is a resident of the other party to a double tax agreement--the amount calculated at the rate provided for in the agreement; and

                     (c)  if paragraphs (a) and (b) do not apply, but the person to whom the royalty is paid, or a foreign resident mentioned in paragraph 12-285(1)(b) in that Schedule, is a resident of a country other than Australia--30% of the amount of the royalty; and

                     (d)  if the person to whom the royalty is paid is a resident of Australia--30% of the amount of the royalty.