Document ID: chunk:federal_register_of_legislation:C2024A00132:section:19
Version: federal_register_of_legislation:C2024A00132
Segment Type: section
Provision Reference: s 19
Character Range: 14600–16336

19  Meanings of Permanent Establishment and Main Entity
 (1) Permanent Establishment means:
 (a) a place of business (including a deemed place of business) that is situated in a jurisdiction and treated as a permanent establishment in accordance with an applicable Tax Treaty in force, if the jurisdiction taxes the income attributable to it in accordance with a provision similar to Article 7 of the OECD Model Tax Convention; or
 (b) if there is no applicable Tax Treaty in force—a place of business (including a deemed place of business) in respect of which a jurisdiction taxes the income attributable to that place of business under its law on a net basis similar to the manner in which it taxes its own tax residents; or
 (c) if a jurisdiction has no corporate income tax system—a place of business (including a deemed place of business) that is situated in that jurisdiction and that would be treated as a permanent establishment in accordance with the OECD Model Tax Convention, if the jurisdiction would have had the right to tax the income attributable to it in accordance with Article 7 of that Convention; or
 (d) if paragraphs (a) to (c) do not apply—a place of business (including a deemed place of business) through which operations are conducted outside the jurisdiction where the Entity that would be the Main Entity if the place of business were a Permanent Establishment is located, if that jurisdiction exempts the income attributable to the operations conducted through the place of business.
 (2) Main Entity, in respect of a Permanent Establishment, is the Entity that includes the Financial Accounting Net Income or Loss of the Permanent Establishment in its financial statements.

Division 2—Excluded Entities