INCOME TAX ASSESSMENT ACT 1997

CHAPTER 4 - INTERNATIONAL ASPECTS OF INCOME TAX  

PART 4-5 - GENERAL  

Division 815 - Cross-border transfer pricing  

Subdivision 815-C - Arm ' s length principle for permanent establishments  

Operative provisions

SECTION 815-215   Substitution of arm ' s length profits  

815-215(1)  
For the purposes covered by subsection (2), if an entity gets a *transfer pricing benefit from the attribution of profits to a *PE of the entity:


(a) the amount of profits actually attributed to the PE is taken not to have been so attributed; and


(b) instead, the *arm ' s length profits are taken to have been attributed to the PE.

Note:

There are special rules about documentation that affect when an entity has a reasonably arguable position about the application (or non-application) of this Subdivision: see Subdivision 284-E in Schedule 1 to the Taxation Administration Act 1953 .

815-215(2)  
The purposes covered by this subsection are:


(a) if the *transfer pricing benefit arises under subparagraph 815-220(1)(b)(i) - working out the amount (if any) of the entity ' s taxable income for the income year; and


(b) if the transfer pricing benefit arises under subparagraph 815-220(1)(b)(ii) - working out the amount (if any) of a loss of a particular *sort for the income year; and


(c) if the transfer pricing benefit arises under subparagraph 815-220(1)(b)(iii) - working out the amount (if any) of the entity ' s *tax offsets for the income year.


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