s 44
In forceMeaning of tax sharing country
Part 3Income tax (Chapter 2 in Schedule 1 to the Act)
Division 3Pay as you go (PAYG) withholding—Working out the amount to withhold
Subdivision BWithholding amounts for Subdivision 12‑F
44 Meaning of tax sharing country
(1)
If an international tax sharing treaty includes provisions that have the force of law because of an Act, and relate to withholding payment:
(a)
on income derived by a non‑resident on or after a particular day; or
(b)
in respect of dividends derived on or after a particular day;
the other party to the treaty is a tax sharing country on and after that day.
(2)
If an international tax sharing treaty, not being a treaty to which subsection (1) applies, includes a provision that has the force of law because of an Act, and limits the amount of Australian tax payable in respect of a dividend, the other party to the treaty is a tax sharing country.
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