Document ID: chunk:federal_register_of_legislation:C2010C00715:clause:1_1:p10
Version: federal_register_of_legislation:C2010C00715
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 10/21)
Character Range: 32558–35350

specified in regulations in force for the purposes of subsection 29‑80(1) of the *GST Act; or
 (c) the supply is made in the course or furtherance of an activity, or series of activities, done as a member of a local governing body established by or under a *State law or *Territory law.

 (5) The payer need not withhold an amount under this section if the payment:
 (a) is covered by section 12‑140 or 12‑145 (about not quoting *tax file number in respect of an investment in respect of which the payment is made); or
 (b) would be covered by section 12‑140 or 12‑145 if the other entity had not quoted as mentioned in subsection 12‑140(1) or section 12‑155; or
 (c) would be covered by section 12‑140 or 12‑145 apart from section 12‑160, 12‑165 or 12‑170 (which are exceptions to sections 12‑140 and 12‑145).

 (6) The payer need not withhold an amount under this section if, when the payment is made:
 (a) the other entity is an individual and has given the payer a written statement to the effect that:
 (i) the supply is made in the course or furtherance of an activity, or series of activities, done as a private recreational pursuit or hobby; or
 (ii) the supply is, for the other entity, wholly of a private or domestic nature; and
 (b) the payer has no reasonable grounds to believe that the statement is false or misleading in a material particular.

Subdivision 12‑F—Dividend, interest and royalty payments

Table of sections

Dividends

12‑210 Dividend payment to overseas person
12‑215 Dividend payment received for foreign resident
12‑220 Application to part of a dividend
12‑225 Application to distribution by a liquidator or other person

Interest

12‑245 Interest payment to overseas person
12‑250 Interest payment received for foreign resident
12‑255 Interest payment derived by lender in carrying on business through overseas permanent establishment
12‑260 Lender to notify borrower if interest derived through overseas permanent establishment

Royalties

12‑280 Royalty payment to overseas person
12‑285 Royalty payment received for foreign resident

General

12‑300 Limits on amount withheld under this Subdivision

Dividends

12‑210  Dividend payment to overseas person

  A company that is an Australian resident must withhold an amount from a *dividend it pays if:
 (a) according to the register of the company's members, the entity, or any of the entities, holding the *shares on which the dividend is paid has an address outside Australia; or
 (b) that entity, or any of those entities, has authorised or 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