Document ID: chunk:federal_register_of_legislation:F2018L01288:reg:8
Version: federal_register_of_legislation:F2018L01288
Segment Type: reg
Provision Reference: reg 8
Character Range: 12004–12807

8  Correlative relief for juridical double taxation—no double tax agreement applying to Australia and foreign country
  For the purposes of paragraph 3A(2)(b) of the Act, the following manner of operation of Article 7 of the Vietnamese agreement, as amended by the Vietnamese notes (No. 1), is prescribed:
 (a) in a case where the taxpayer is a resident of Australia—if the provision applies in a manner which increases the profits of the taxpayer which are attributable to a permanent establishment in the primary foreign country;
 (b) in a case where the taxpayer is not a resident of Australia—if the provision applies in a manner which decreases the profits of the taxpayer which are attributable to a permanent establishment in Australia.

Part 3—Application, saving and transitional provisions