Document ID: chunk:federal_register_of_legislation:C2025C00014:section:333
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 333
Character Range: 1893931–1896201

333  Companies that are residents of unlisted countries
 (1) For the purposes of this Part, a company is a resident of an unlisted country at a particular time if, and only if:
 (a) the company is, in accordance with subsection (2), a resident of a particular unlisted country at that time; or
 (b) paragraph (a) does not apply and the company is at that time neither:
 (i) a Part X Australian resident; nor
 (ii) a resident of a particular listed country.
 (2) For the purposes of this Part, a company is a resident of a particular unlisted country (in this section called the unlisted country of residence) at a particular time if, and only if:
 (a) the company is not a Part X Australian resident at that time; and
 (b) the company is not treated as a resident of a listed country at that time for the purposes of the tax law of the listed country; and
 (c) any of the following subparagraphs applies:
 (i) both of the following conditions are satisfied at that time:
 (A) the company is treated as a resident of the unlisted country of residence for the purposes of the tax law of the unlisted country of residence;
 (B) the company is not treated as a resident of any other unlisted country for the purposes of the tax law of the unlisted country;
 (ii) both of the following conditions are satisfied at that time:
 (A) the company is treated as a resident of the unlisted country of residence and at least one other unlisted country for the purposes of the tax laws of each of those unlisted countries;
 (B) the company is incorporated in the unlisted country of residence;
 (iii) both of the following conditions are satisfied at that time:
 (A) the company is not treated as a resident of any unlisted country for the purposes of the tax law of the unlisted country;
 (B) the company's management and control is solely or principally located in the unlisted country of residence.
 (iv) all of the following conditions are satisfied at that time:
 (A) the company is not treated as a resident of any unlisted country for the purposes of the tax law of the unlisted country;
 (B) the company's management and control is not solely or principally located in the unlisted country of residence;
 (C) the company is incorporated in the unlisted country of residence.