Commonwealth Consolidated Regulations

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TAXATION ADMINISTRATION REGULATIONS 1976 - REG 40

Dividend payments

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

                (a)    if an address mentioned in paragraph 12‑210 (a), or a place mentioned paragraph 12‑210 (b), of 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 of Schedule 1 to the Act applies is:

                (a)    if a foreign resident mentioned in paragraph 12‑215 (1) (b) of 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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