Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Act 2013 (101 of 2013)

Schedule 2   Modernisation of transfer pricing rules

Part 2   Other amendments

Income Tax Assessment Act 1936

18   Section 400

Repeal the section, substitute:

400 Modified cross-border requirement for transfer pricing

(1) This section applies in calculating the attributable income of the eligible CFC.

(2) Conditions that operate between the eligible CFC and another entity do not satisfy the cross-border test in subsection 815-120(3) of the Income Tax Assessment Act 1997 if:

(a) the other entity is a CFC; and

(b) the eligible CFC and the other entity are residents of the same listed country (disregarding section 383 of this Act).