Tax and Superannuation Laws Amendment (2014 Measures No. 4) Act 2014 (110 of 2014)

Schedule 3   Foreign resident CGT integrity measures

Part 2   Assets used by permanent establishments

Income Tax Assessment Act 1997

6   Section 855-15 (cell at table item 3, column headed "Description")

Repeal the cell, substitute:

A *CGT asset that:

(a) you have used at any time in carrying on a *business through:

(i) if you are a resident in a country that has entered into an *international tax agreement with Australia containing a *permanent establishment article - a permanent establishment (within the meaning of the relevant international tax agreement) in Australia; or

(ii) otherwise - a *permanent establishment in Australia; and

(b) is not covered by item 1, 2 or 5 of this table