Document ID: chunk:federal_register_of_legislation:C2005A00064:clause:1_6
Version: federal_register_of_legislation:C2005A00064
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 6029–7032

6  After subsection 128B(3D)
Insert:

 (3E) This section does not apply to income that consists of a dividend that:
 (a) is paid to a person who is a non‑resident carrying on business in Australia at or through a permanent establishment of the person in Australia; and
 (b) is attributable to the permanent establishment; and
 (c) is not paid to the person in the person's capacity as trustee.

Note: This subsection not only ensures that this section does not apply to that income to make withholding tax payable on it, but also (as a result) ensures that none of that income is non‑assessable non‑exempt income under section 128D. Subsection 44(1) makes that income assessable income.

 (3F) In subsection (3E):

permanent establishment of a person:
 (a) has the same meaning as in a double tax agreement (as defined in Part X) that relates to a foreign country and affects the person; or
 (b) has the meaning given by subsection 6(1), if there is no such agreement.

Income Tax Assessment Act 1997