Document ID: chunk:federal_register_of_legislation:C2010C00715:clause:1_1:p13
Version: federal_register_of_legislation:C2010C00715
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 13/21)
Character Range: 39809–42493

to the entity liable to pay the interest.

Failure to comply with this section may contravene section 8C of this Act.

Royalties

12‑280  Royalty payment to overseas person

  An entity must withhold an amount from a *royalty it pays to an entity, or to entities jointly, if:
 (a) the recipient or any of the recipients 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 royalty relates; or
 (b) the payer is authorised to pay the royalty at a place outside Australia (whether to the recipient or any of the recipients or to anyone else).

For limits on the amount to be withheld, see section 12‑300.

12‑285  Royalty payment received for foreign resident

  Immediately after receiving a payment of a *royalty, an entity must withhold an amount from the royalty if:
 (a) the entity is a person in Australia or an *Australian government agency; and
 (b) a foreign resident is entitled:
 (i) to receive the royalty or part of it from the entity, or to receive the amount of the royalty or of part of it from the entity; or
 (ii) to have the entity credit to the foreign resident, or otherwise deal with on the foreign resident's behalf or as the foreign resident directs, the royalty or part of it, or the amount of the royalty or of part of it.

For limits on the amount to be withheld, see section 12‑300.

General

12‑300  Limits on amount withheld under this Subdivision

  This Subdivision does not require an entity:
 (a) to withhold an amount from a *dividend, from interest (within the meaning of Division 11A of Part III of the Income Tax Assessment Act 1936) or from a *royalty if no *withholding tax is payable in respect of the dividend, interest or royalty; or
 (b) to withhold from a dividend, from interest (within the meaning of that Division) or from a royalty more than the withholding tax payable in respect of the dividend, interest or royalty (reduced by each amount already withheld from it under this Subdivision).

Note: Section 128B of the Income Tax Assessment Act 1936 deals with withholding tax liability.

Subdivision 12‑G—Payments in respect of mining on Aboriginal land, and natural resources

Table of sections

Mining on Aboriginal land

12‑320 Mining payment

Natural resources

12‑325 Natural resource payment
12‑330 Payer must ask Commissioner how much to withhold
12‑335 Commissioner may exempt from section 12‑330, subject to conditions

Mining on Aboriginal land

12‑320  Mining payment

 (1) An entity must withhold an amount from a *mining payment that:
 (a) it makes to another entity; or
 (b) it applies for the