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  • IRP and IRPD

    For the purposes of the local file, we are adopting the definitions of international related parties (IRP) and international related party dealings (IRPD) used in the international dealings schedule (IDS).

    International related parties are:

    • persons who are not dealing wholly independently with one another in their commercial or financial relations, and
    • whose dealings or relations can be subject to either    
      • Subdivision 815-B of the Income Tax Assessment Act 1997 (ITAA 1997)
      • the associated enterprises article of a relevant double tax agreement (DTA).
       

    There cannot be a transfer pricing benefit under subsection 815-120(1) or pursuant to Article 9 of a relevant tax treaty if the conditions of a relevant entity’s commercial or financial dealings are inherently not capable of affecting the amount of the entity’s taxable income, losses, tax offsets or withholding tax under Australian income tax law.

    Whether the conditions of an entity’s commercial or financial dealings with the entity’s offshore subsidiary in the course of the entity’s business operations carried on at or through the entity’s offshore permanent establishment would be capable of affecting the entity’s taxable income, losses, offsets or withholding tax under Australian income tax law would depend on all the relevant facts and circumstances, including the nature and duration of the relevant dealing.

    See also:

      Last modified: 11 Feb 2021QC 62914