Document ID: chunk:federal_register_of_legislation:C2015A00170:clause:4_1:p1
Version: federal_register_of_legislation:C2015A00170
Segment Type: clause
Provision Reference: sch 4 cl 1 (pt 1/2)
Character Range: 20828–23685

1  At the end of Division 815
Add:

Subdivision 815‑E—Reporting obligations for significant global entities

Guide to Subdivision 815‑E

815‑350  What this Subdivision is about
      Significant global entities must give the Commissioner statements under this Subdivision.
Note: This Subdivision enables the implementation of measures issued by the Organisation for Economic Cooperation and Development relating to transfer pricing documentation and country‑by‑country reporting (including Action 13 of the Action Plan on Base Erosion and Profit Shifting of the G20 and the Organisation for Economic Cooperation and Development)

Table of sections

Operative provisions
815‑355 Requirement to give statements
815‑360 Replacement reporting periods
815‑365 Exemptions

Operative provisions

815‑355  Requirement to give statements
 (1) You must give to the Commissioner a statement of each of the kinds referred to in subsection (3), in the *approved form, in relation to an income year if:
 (a) you were a *significant global entity during a period that includes the whole or a part of the income year that preceded that income year; and
 (b) you are, during that income year, any of the following:
 (i) an Australian resident;
 (ii) a resident trust estate for the purposes of Division 6 of Part III of the Income Tax Assessment Act 1936;
 (iii) a partnership that has at least one partner who is an Australian resident;
 (iv) a foreign resident who operates an Australian permanent establishment (within the meaning of Part IVA of the Income Tax Assessment Act 1936);
 (v) a non‑resident trust estate (within the meaning of section 102AAB of the Income Tax Assessment Act 1936) that operates an Australian permanent establishment (within the meaning of Part IVA of that Act);
 (vi) a partnership that operates an Australian permanent establishment (within the meaning of that Part); and
 (c) you are not exempted under section 815‑365 from giving the statement; and
 (d) you are not included in a class of entities prescribed by the regulations.
Note: Under section 815‑360, the Commissioner may allow you to give statements in relation to a 12 month period other than an income year.
 (2) You must give the statement within 12 months after the end of the period to which it relates.
Note: Section 388‑55 in Schedule 1 to the Taxation Administration Act 1953 allows the Commissioner to defer the time for giving the statement.
 (3) The statements are to be of the following kinds:
 (a) a statement relating to the global operations and activities, and the pricing policies relevant to transfer pricing, of:
 (i) you; and
 (ii) if you were a *significant global entity during the preceding income year by virtue of your membership of a group of entities—the other members of that group;
 (b) a statement relating to your operations, activities, dealings and