Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_6:p25
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 25/63)
Character Range: 401660–404316

give a notice to the recipient or publish information on a website setting out certain details about the payment: see section 12‑395.
 (2) The amount the *custodian must withhold is:
 (3) The rate is:
 (a) if the address or place for payment of the recipient is in an *information exchange country:
 (i) 15% for *fund payments (except to the extent mentioned in subparagraph (ii) or (iii)); or
 (ii) 10% for fund payments, to the extent that they are, or are attributable to, fund payments from a *clean building managed investment trust (except to the extent mentioned in subparagraph (iii)); or
 (iii) 30% for fund payments, to the extent that they are attributable to *non‑concessional MIT income (see section 12‑435); or
 (b) otherwise—30%.

Withholding by other entities
 (4) An entity that is not a *withholding MIT or a *custodian must withhold an amount from a payment it receives if:
 (a) the payment or part of it (the covered part) was covered by a notice or information under section 12‑395; and
 (b) a foreign resident (the recipient) is or becomes entitled:
 (i) to receive from the entity; or
 (ii) to have the entity credit to the recipient, or otherwise deal with on the recipient's behalf or as the recipient directs;
  an amount (the attributable amount) reasonably attributable to the covered part.
Note 1: The covered part referred to in paragraph (4)(a) is attributable to a fund payment made by a withholding MIT, or 2 or more fund payments made by one or more withholding MITs. One or more of those withholding MITs may be AMITs.
Note 2: If the recipient is not a foreign resident, the entity is required to give a notice to the recipient or publish information on a website setting out certain details about the payment: see section 12‑395.
 (5) The amount the entity must withhold is:
 (6) The rate is:
 (a) if the recipient is a resident of an *information exchange country:
 (i) 15% for *fund payments (except to the extent mentioned in subparagraph (ii) or (iii)); or
 (ii) 10% for fund payments, to the extent that they are, or are attributable to, fund payments from a *clean building managed investment trust (except to the extent mentioned in subparagraph (iii)); or
 (iii) 30% for fund payments, to the extent that they are attributable to *non‑concessional MIT income (see section 12‑435); or
 (b) otherwise—30%.
 (7) An entity is a resident of an *information exchange country if:
 (a) the entity is a resident of that country for the purposes of the taxation laws of that country; or
 (b) if there are no taxation laws of that country applicable to the entity or the entity's residency status cannot be determined under