Document ID: chunk:federal_register_of_legislation:C2024A00132:section:40
Version: federal_register_of_legislation:C2024A00132
Segment Type: section
Provision Reference: s 40
Character Range: 49362–50147

40  Location of an Entity that is not a Flow‑through Entity
 (1) This section applies to an Entity if it is not a Flow‑through Entity.
 (2) For the purposes of this Act, the Entity is located in the following jurisdiction:
 (a) if the Entity is an Australian entity (within the meaning of the Income Tax Assessment Act 1997)—Australia;
 (b) if, for the purposes of a law of a jurisdiction relating to national or federal Covered Taxes, the Entity is resident in the jurisdiction based on its place of management, place of creation or a similar criterion—that jurisdiction;
 (c) if paragraphs (a) and (b) do not apply—the jurisdiction in which the Entity was created.
Note: If, under this section, the Entity is located in more than one jurisdiction for a Fiscal Year, see section 43.