Document ID: chunk:federal_register_of_legislation:C2025C00014:section:177a:p1
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 177A (pt 1/3)
Character Range: 1590924–1593685

177A  Interpretation
 (1) In this Part, unless the contrary intention appears:
associate has the same meaning as in Part X.
Australian customer, of a foreign entity, means another entity who:
 (a) is in Australia, or is an Australian entity; and
 (b) if the foreign entity is a member of a global group—is not a member of that global group.
Australian entity has the same meaning as in Part X.
Australian permanent establishment of an entity means:
 (a) if:
 (i) the entity is a resident in a country that has entered into an international tax agreement (within the meaning of subsection 995‑1(1) of the Income Tax Assessment Act 1997) with Australia; and
 (ii) that agreement contains a permanent establishment article (within the meaning of that subsection);
  a permanent establishment (within the meaning of that agreement) in Australia; or
 (b) otherwise—a permanent establishment of the person in Australia.
capital loss has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
DPT base amount has the meaning given by subsection 177P(2).
DPT provisions means sections 177H, 177J, 177K, 177L, 177M, 177N, 177P, 177Q and 177R.
DPT tax benefit has the meaning given by subsection 177J(1).
entity has the meaning given by section 960‑100 of the Income Tax Assessment Act 1997.
foreign entity has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
foreign entity participant:
 (a) if a beneficiary of a trust estate or a partner in a partnership is a foreign entity, the trust estate or partnership has a foreign entity participant; and
 (b) if a trust estate or partnership has a foreign entity participant (including through a previous operation of this paragraph):
 (i) a trust of which the trust estate or partnership is a beneficiary also has a foreign entity participant; and
 (ii) a partnership in which the trust estate or partnership is a partner also has a foreign entity participant.
foreign income tax offset means a tax offset allowed under Division 770 of the Income Tax Assessment Act 1997.
foreign law has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
global group means a group of entities, at least one of which is a foreign entity, that are consolidated for accounting purposes as a single group.
innovation tax offset means a tax offset allowed under:
 (a) Subdivision 61‑P (about early stage venture capital limited partnerships) of the Income Tax Assessment Act 1997; or
 (b) Subdivision 360‑A (about early stage investors in innovation companies) of that Act.
non‑refundable R&D tax offset means a tax offset allowed under Division 355 of the Income Tax Assessment Act 1997, other than a refundable R&D tax offset.
refundable R&D tax offset means