Commonwealth Consolidated Regulations

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TAXATION ADMINISTRATION REGULATIONS 1976 - REG 39A

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 for this Division on and after that day.

         (2)   If a double tax agreement, not being an agreement to which subregulation (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 for this Division.

         (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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