Income Tax Assessment Act 1997
CHAPTER 4
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INTERNATIONAL ASPECTS OF INCOME TAX
PART 4-5
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GENERAL
Division 815
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Cross-border transfer pricing
Subdivision 815-E
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Reporting obligations for country by country reporting entities
Operative provisions
SECTION 815-355
Requirement to give statements
815-355(1)
You must give to the Commissioner a statement of each of the kinds referred to in subsection (3) , in the *approved form, in relation to an income year if: (a) you were a *CBC reporting entity for a period that includes the whole or a part of the income year that preceded that income year; and (b) you are, during that income year, any of the following:
815-355(2)
You must give the statement within 12 months after the end of the period to which it relates.
The statements are to be of the following kinds: (a) a statement relating to the global operations and activities, and the pricing policies relevant to transfer pricing, of:(a) a statement under paragraph
(a)
corresponds to the master file (see Annexe I);
(b) a statement under paragraph
(b)
corresponds to the local file (see Annexe II);
(c) a statement under paragraph
(c)
corresponds to the country-by-country report (see Annexe III).
View history note
Hide history noteYou must give to the Commissioner a statement of each of the kinds referred to in subsection (3) , in the *approved form, in relation to an income year if: (a) you were a *CBC reporting entity for a period that includes the whole or a part of the income year that preceded that income year; and (b) you are, during that income year, any of the following:
(i) an Australian resident;
(ii) a resident trust estate for the purposes of Division 6 of Part III of the Income Tax Assessment Act 1936 ;
(iii) a partnership that has at least one partner who is an Australian resident;
(iv) a foreign resident who operates an Australian permanent establishment (within the meaning of Part IVA of the Income Tax Assessment Act 1936 );
(v) a non-resident trust estate (within the meaning of section 102AAB of the Income Tax Assessment Act 1936 ) that operates an Australian permanent establishment (within the meaning of Part IVA of that Act);
(c) you are not exempted under section 815-365 from giving the statement; and (d) you are not included in a class of entities prescribed by the regulations.
(vi) a partnership that operates an Australian permanent establishment (within the meaning of that Part); and
Note:
Under section 815-360 , the Commissioner may allow you to give statements in relation to a 12 month period other than an income year.
You must give the statement within 12 months after the end of the period to which it relates.
Note:
Section 388-55 in Schedule 1 to the Taxation Administration Act 1953 allows the Commissioner to defer the time for giving the statement.
815-355(3)The statements are to be of the following kinds: (a) a statement relating to the global operations and activities, and the pricing policies relevant to transfer pricing, of:
(i) you; and
(b) a statement relating to your operations, activities, dealings and transactions; (c) a statement relating to the allocation between countries of the income and activities of, and taxes paid by:
(ii) if you are a *member of a *CBC reporting group during the income year - the other members of that group;
(i) you; and
(ii) if subparagraph (a)(ii) applies - the other members of that group.
Note:
These statements correspond to the following in Annexes I, II and III to Chapter V set out in the Guidance on Transfer Pricing Documentation and Country-by-country Reporting of the Organisation for Economic Cooperation and Development and the G20:
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