Document ID: chunk:federal_register_of_legislation:F2025C00013:reg:40
Version: federal_register_of_legislation:F2025C00013
Segment Type: reg
Provision Reference: reg 40
Character Range: 49015–50620

40  Dividend payments
 (1) The amount to be withheld from a dividend to which section 12‑210 in Schedule 1 to the Act applies is:
 (a) if an address mentioned in paragraph 12‑210(a), or a place mentioned in paragraph 12‑210(b), in Schedule 1 to the Act is in a tax sharing country and the relevant international tax sharing treaty applies to the dividend—an amount calculated at the rate provided for in the treaty; and
 (b) if paragraph (a) does not apply, but that address or place is in a double tax country—an amount calculated at the rate provided for in the relevant double tax agreement; and
 (c) if paragraphs (a) and (b) do not apply—an amount equal to 30% of the amount of the dividend.
 (2) The amount to be withheld from a dividend to which section 12‑215 in Schedule 1 to the Act applies is:
 (a) if a foreign resident mentioned in paragraph 12‑215(1)(b) in Schedule 1 to the Act is a resident of a tax sharing country and the relevant international tax sharing treaty applies to the dividend—an amount calculated at the rate provided for in the treaty; and
 (b) if paragraph (a) does not apply, but that foreign resident is a resident of a double tax country—an amount calculated at the rate provided for in the relevant double tax agreement; and
 (c) if paragraphs (a) and (b) do not apply—an amount equal to 30% of the amount of the dividend.
 (3) However, paragraphs (1)(b) and (2)(b) do not apply in relation to a dividend that is:
 (a) paid to a resident of the United States of America; and
 (b) included in a class of dividends that is exempt from tax under the law of that country.