Document ID: chunk:federal_register_of_legislation:C2007A00079:clause:10_3:p4
Version: federal_register_of_legislation:C2007A00079
Segment Type: clause
Provision Reference: sch 10 cl 3 (pt 4/4)
Character Range: 105902–108202

resident, and either:
 (i) the recipient has an address outside Australia (according to any record that is in the payer's possession, or is kept or maintained on the payer's behalf, about the transaction to which the payment relates); or
 (ii) the payer is authorised to make the payment at a place outside Australia (whether to the recipient or to anyone else);
 (d) the recipient has a connection outside Australia of a kind set out in the regulations.

 (2) However, a recipient is not covered by this section for a payment if the recipient is an *intermediary.

12‑415  Notices

 (1) An entity that makes a payment to another entity (the recipient) from which an amount would have been required to be withheld under this Subdivision if the payment had been made to an entity covered by section 12‑410 may give the recipient a notice.

 (2) The notice:
 (a) must specify that part of the payment from which an amount would have been so required to have been withheld; and
 (b) if that part is worked out by reference to a *discount capital gain—must specify the amount of that gain; and
 (c) must specify the income year of the *managed investment trust to which the relevant *fund payment relates.

 (3) An *intermediary in relation to a payment cannot give a notice in relation to an amount:
 (a) that is a payment only because of section 11‑5; and
 (b) that is attributable (wholly or partly) to the first‑mentioned payment.

Note: Under section 11‑5, an entity is taken to have paid an amount to another entity if the first entity applies or deals with the amount on the other entity's behalf or as the other entity directs.

12‑420  Agency rules

 (1) This Subdivision has effect as if a payment made to an entity in the capacity as agent for another entity (the principal) had been made to the principal.

 (2) However, if the agent is an *intermediary in relation to the payment:
 (a) this Subdivision has effect as if the intermediary were not an agent in relation to the payment; and
 (b) for the purposes of this Subdivision, the receipt by the intermediary of the payment on behalf of the principal is not to be treated as a payment to the principal by any entity.

Note: As a result of subsection (2), an agent intermediary may be required to withhold amounts under this Subdivision.