INCOME TAX ASSESSMENT ACT 1997
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 *significant global entity during 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);
(vi) a partnership that operates an Australian permanent establishment (within the meaning of that Part); and
(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.
Under section 815-360 , the Commissioner may allow you to give statements in relation to a 12 month period other than an income year.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:
(i) you; and
(ii) if you were a *significant global entity during the preceding income year by virtue of your membership of a group of entities - the other members of that group;
(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:
(i) you; and
(ii) if subparagraph (a)(ii) applies - the other members of that group.
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: