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Part 2 - Taxation of branch profits

Last updated 4 December 2006

Listed country branch income of a resident company that is not assessable

Which resident companies qualify?

Two broad groups qualify to have certain branch profits treated as non-assessable non-exempt income. These are resident companies that either:

  • carry on business through a permanent establishment - for example, a branch - in a listed country or
  • are partners of a partnership - or are presently entitled beneficiaries of a trust - that carries on business through a permanent establishment in a listed country.

Non-assessable non-exempt income treatment does not apply to:

  • resident companies with permanent establishments in unlisted countries
  • resident taxpayers, other than companies, with foreign permanent establishments.

What is a permanent establishment?

A permanent establishment of an Australian resident company is a place through which the business of the company is carried on. The term 'permanent establishment' is defined in section 6 of the Act.

If the listed country is one with which Australia has a double taxation agreement, the meaning of the term permanent establishment is determined by the agreement.

Permanent establishments are referred to as branches in this part.