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  • Sovereign Immunity

    Division 880 of the Income Tax Assessment Act 1997 replaces the ATO's previous administrative practice for sovereign immunity from 1 July 2019.

    This Division provides a tax exemption for certain sovereign entities in respect of certain returns on membership interests in entities that are Australian resident companies or managed investment trusts. To obtain this exemption, the relevant sovereign entity group can hold only a portfolio interest in the entity, and cannot have relevant influence over the entity.

    You can now apply for an early engagement/ private ruling in respect of sovereign immunity through a customised application form.

    This application should be completed after reading our draft law companion ruling LCR2019/D4, which provides guidance to foreign investors in relation to their eligibility for sovereign immunity when they invest in Australia

    To complete the sovereign immunity early engagement/ private ruling application form:

    • download the form from the link below – we recommend using a desktop or laptop device
    • right click on the link and select ‘Save (link) target as’ (wording may vary depending on your internet browser)
    • open the form and enable JavaScript if prompted
    • complete the form on your computer
    • email the completed form and required information or documents to

    Note: If all of the relevant information is not provided this will delay the progress of your application and may result in us rejecting the application. The relevant information includes both the accurate completion of the application form and the associated information and documents requested therein.

    Next steps:

      Last modified: 26 Apr 2019QC 23991