Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p19
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 19/43)
Character Range: 604683–607690

is set out in Division 3 of Part IIB.

Table of sections

General exception
18‑5 No credit for refunded amount

Entitlement to credits: income tax liability
18‑10 Application of sections 18‑15, 18‑20 and 18‑25
18‑15 Tax credit for recipient of withholding payments
18‑20 Tax credit where recipient is a partnership
18‑25 Tax credit where recipient is a trust
18‑27 Tax credit for alienated personal services payments

Entitlement to credits: dividend, interest or royalty, amount attributable to fund payment or labour mobility program
18‑30 Credit: dividend, interest or royalty
18‑32 Credit: amount attributable to fund payment
18‑33 Credit: labour mobility programs
18‑35 Credit: penalty under section 12‑415, 16‑30, 16‑35 or 16‑40 or related general interest charge
18‑40 Credit: liability under Part 4‑25

Entitlement to credit: departing Australia superannuation payment
18‑42 Credit—departing Australia superannuation payment

Entitlement to credit: mining payment
18‑45 Credit—mining payment

Entitlement to credit: Petroleum resource rent tax
18‑55 Credit—Natural resource payments

Entitlement to credit: taxable supply of real property
18‑60 Credit—payment relating to taxable supply of real property

General exception

18‑5  No credit for refunded amount
  An entity is not entitled to a credit under this Subdivision for an *amount withheld from a *withholding payment to the extent that the amount must be refunded under Subdivision 18‑B.
Note: See also Subdivision 18‑D (PAYG withholding non‑compliance tax, which can reverse the economic benefit of a credit of a director, or an associate of a director, of a company that does not comply with its obligations under subsection 16‑70(1)).

Entitlement to credits: income tax liability

18‑10  Application of sections 18‑15, 18‑20 and 18‑25
 (1) The rules set out in sections 18‑15, 18‑20 and 18‑25 do not apply to an *amount withheld from a *withholding payment that is covered by:
 (a) Subdivision 12‑F (Dividend, interest and royalty payments); or
 (b) Subdivision 12‑FA (Departing Australia superannuation payments); or
 (c) Subdivision 12‑FC (Labour Mobility Programs); or
 (d) section 12‑320 (Mining payments); or
 (e) Subdivision 12‑H (Distributions of withholding MIT income); or
 (f) Division 13 (Alienated personal services payments); or
 (g) Subdivision 14‑E (GST payable on taxable supplies of certain real property).
 (2) If an entity withholds an amount from a *withholding payment as required by section 12‑317, apply sections 18‑15, 18‑20 and 18‑25 in relation to the payment as if the payment had been made to the likely foreign recipient mentioned in section 12‑317 (instead of to the intermediary mentioned in that section).
 (3) If an entity withholds an amount from a *withholding payment as required by section 12‑325 (natural resource payments), apply sections 18‑15, 18‑20 and 18‑25 to the payment as if the entity had withheld only so much of that amount as was withheld in respect of tax.
Note: Section 18‑55 provides