29 Overseas transactions

Was the aggregate amount of your transactions or dealings with international related parties (including the value of any property/service transferred or the balance of any loans) greater than $1 million?

If the answer to this question is no, print X in the No box at W.

If the answer is yes, print X in the Yes box at W and complete section A of Schedule 25A 2010 together with any other relevant part of the schedule. Attach the completed schedule to the tax return. Print X in the Yes box at Have you attached any 'other attachments'? at the top of page 1 of the tax return.

However, if the partnership was a subsidiary member of a consolidated group at any time during the income year and has completed Consolidated subsidiary member at Z2 item 2, you do not need to complete a Schedule 25A 2010.

The aggregate amount of the partnership's transactions or dealings is the total amount of all dealings, whether on revenue or capital account (including property transfers or service provision), and includes the balance of any loans or borrowings outstanding with international related parties. Transactions must not be netted off against each other. Hence, a $600,000 purchase from and a $700,000 sale to related party should be treated as totalling $1,300,000 not $100,000.

International related parties are persons, including permanent establishments, who are parties to international dealings that can be subject to Division 13 of the ITAA 1936 or the business profits article or associated enterprises article of a relevant double tax agreement. The term includes the following:

• any overseas entity or person who participates directly or indirectly in the management, control or capital of the partnership
• any overseas entity or person in respect of which the partnership participated directly or indirectly in the management, control or capital
• any overseas entity or person in respect of which persons who participate directly or indirectly in its management, control or capital are the same persons who participate directly or indirectly in the management, control or capital of the partnership
• a permanent establishment (PE) and its head office
• two PEs of the same person.

'Participates' includes a right of participation, the exercise of which is contingent on an agreed event occurring. 'Person' has the same meaning as in subsection 6 (1) of the ITAA 1936 and section 995-1 of the ITAA 1997.

The type of dealings or transactions will require the partnership to complete section A of Schedule 25A 2010 are its dealings with related parties as above, such as an overseas holding company, overseas subsidiary, overseas PE of the entity, or non-resident trust in which the entity has an interest. These dealings or transactions may be the provision or receipt of services, or transactions in which money or property has been sent out of Australia, or received in Australia from an overseas source during the income year. They may include the transfer of tangible or intangible property, provision or receipt of services, or the provision or receipt of loans or financial services.

If money or property is not actually sent out of Australia or received in Australia, but accounting entries are made that have the effect of money or property being transferred, this is also to be taken as an international transaction.

Transactions with specified countries

Did you send any funds or property to, or receive any funds or property from any of the countries listed below? This includes sending or receiving funds or property indirectly, for example, through another entity or country.

Do you have the ability to control the disposition of any funds, property, investments, or any other assets located in any of the countries listed below? This includes:

• funds or assets that may be located elsewhere but are controlled or managed from one of the countries listed below, and
• where you have an expectation you are able to control the disposition of the funds or assets, or you have the capacity to control the disposition indirectly, for example, through associates.

Print X in the Yes box for yes or X in the No box for no at C.

The specified countries are as follows:

Andorra	Liberia
Anguilla	Liechtenstein
Antigua and Barbuda	Marshall Islands
Aruba	Mauritius
Bahamas	Monaco
Bahrain	Montserrat
Belize	Nauru
Bermuda	Netherlands Antilles
British Virgin Islands	Niue
Cayman Islands	Panama
Cook Islands	Samoa
Cyprus	San Marino
Dominica	Seychelles
Gibraltar	St Kitts & Nevis
Grenada	St Lucia
Guernsey	St Vincent & the Grenadines
Isle of Man	Turks & Caicos Islands
Jersey	US Virgin Islands
Labuan (in Malaysia)	Vanuatu