Document ID: chunk:federal_register_of_legislation:C2010C00715:clause:1_1:p11
Version: federal_register_of_legislation:C2010C00715
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 11/21)
Character Range: 35095–37661

directed the company to pay the dividend to an entity or entities at a place outside Australia.

For limits on the amount to be withheld, see section 12‑300.

12‑215  Dividend payment received for foreign resident

  Immediately after receiving a payment of a *dividend of a company that is an Australian resident, an entity must withhold an amount from the dividend if:
 (a) the entity is a person in Australia or an *Australian government agency; and
 (b) a foreign resident is entitled:
 (i) to receive the dividend or part of it from the entity, or to receive the amount of the dividend or of part of it from the entity; or
 (ii) to have the entity credit to the foreign resident, or otherwise deal with on the foreign resident's behalf or as the foreign resident directs, the dividend or part of it, or the amount of the dividend or of part of it.

For limits on the amount to be withheld, see section 12‑300.

12‑220  Application to part of a dividend

  This Part applies to a part of a *dividend in the same way as to a dividend.

12‑225  Application to distribution by a liquidator or other person

  This Part applies to a distribution that section 47 of the Income Tax Assessment Act 1936 treats as a *dividend paid by a company, in the same way as this Part applies to a dividend paid by the company, and as if the liquidator or other person making the distribution were the company.

Interest

12‑245  Interest payment to overseas person

  An entity must withhold an amount from interest (within the meaning of Division 11A of Part III of the Income Tax Assessment Act 1936) it pays to an entity, or to entities jointly, if:
 (a) the recipient or any of the recipients has an address outside Australia according to any record that is in the payer's possession, or is kept or maintained on the payer's behalf, about the transaction to which the interest relates; or
 (b) the payer is authorised to pay the interest at a place outside Australia (whether to the recipient or any of the recipients or to anyone else).

For limits on the amount to be withheld, see section 12‑300.

12‑250  Interest payment received for foreign resident

  Immediately after receiving a payment of interest (within the meaning of Division 11A of Part III of the Income Tax Assessment Act 1936), an entity must withhold an amount from the payment if:
 (a) the entity is a person in Australia or an *Australian government agency; and
 (b) a foreign resident is entitled:
 (i) to receive the interest or part of it from the entity, or to receive the amount of the interest