INCOME TAX ASSESSMENT ACT 1997 - SECT 815.10 Transfer pricing benefit may be negated

INCOME TAX ASSESSMENT ACT 1997 - SECT 815.10

  (1)   The Commissioner may make a determination mentioned in subsection   815 - 30(1), in writing, for the purpose of negating a * transfer pricing benefit an entity gets.

Treaty requirement

  (2)   However, this section only applies to an entity if:

  (a)   the entity gets the * transfer pricing benefit under subsection   815 - 15(1) at a time when an * international tax agreement containing an * associated enterprises article applies to the entity; or

  (b)   the entity gets the transfer pricing benefit under subsection   815 - 15(2) at a time when an international tax agreement containing a * business profits article applies to the entity.

Note:   This Subdivision does not apply to income years to which Subdivisions   815 - B and 815 - C apply: see section   815 - 1 of the Income Tax (Transitional Provisions) Act 1997 .