Commonwealth Numbered Regulations

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TAXATION ADMINISTRATION REGULATIONS 2017 (F2017L01227) - REG 43

Meaning of double tax country

             (1)  If a double tax agreement includes provisions that have the force of law because of the International Tax Agreements Act 1953 , and relate to a withholding payment:

                     (a)  on income derived by a non-resident on or after a particular day; or

                     (b)  in respect of dividends derived on or after a particular day;

the other party to the agreement is a double tax country on and after that day.

             (2)  If a double tax agreement, not being an agreement to which subsection (1) applies, includes a provision that has the force of law because of the International Tax Agreements Act 1953 , and limits the amount of Australian tax payable in respect of a dividend, the other party to the agreement is a double tax country .

             (3)  The Netherlands, as defined in Article 3 of the Netherlands agreement referred to in the International Tax Agreements Act 1953 , is a double tax country for this Division.



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