Taxation Determination

TD 93/146A - Addendum

Income tax: should a resident deduct withholding tax from interest payable under a loan from a non-resident if there is no actual payment of the interest?

FOI status:

may be released

Addendum

This Addendum amends Taxation Determination TD 93/146 in relation to the 2000/2001 income year and later years, as follows:

1. After paragraph 1

Insert:


'For payments made after 30 June 2000, the requirement to withhold tax arises as a result of Subdivision 12-F, Schedule 1 of the Taxation Administration Act 1953.'

2. After paragraph 2

Insert:


'For payments made after 30 June 2000, sections 12-245, 12-250 and 12-255 of Subdivision 12-F, Schedule 1, of the Taxation Administration Act require a person to withhold amounts from payments of interest. Subsection 11-5(1) of the same Schedule deems an amount to have been paid when the paying entity applies or deals with the amount in any way on the other's behalf or as the other directs. This provision expresses the same idea as subsection 221YK(3).'

3. After paragraph 3

Insert:


'Section references in this determination are to the Income Tax Assessment Act 1936 unless otherwise specified.'

Commissioner of Taxation
18 October 2000

References

ATO references:
NO T2000/4313

ISSN 1039 - 0731