Income Tax Assessment Act 1936

PART X - ATTRIBUTION OF INCOME IN RESPECT OF CONTROLLED FOREIGN COMPANIES  

Division 1 - Preliminary  

SECTION 320   LISTED COUNTRIES AND UNLISTED COUNTRIES  

320(1)  


In this Part:

broad-exemption listed country
(Repealed by No 96 of 2004)

limited-exemption listed country
(Repealed by No 96 of 2004)

listed country
means a foreign country, or a part of a foreign country, that is declared by the regulations to be a listed country for the purposes of this Part.

non-broad exemption listed country
(Repealed by No 96 of 2004)

section 404 country
(Repealed by No 110 of 2014)

unlisted country
means:


(a) a foreign country that does not (either in whole or in part) consist of a listed country or listed countries; or


(b) if one or more parts of a foreign country are listed countries - the remainder of that foreign country.

320(2)  
Subject to this section, for the purposes of this section, if, apart from this section:


(a) a colony, overseas territory or protectorate of a foreign country; or


(b) an overseas territory for the international relations of which a foreign country is responsible;

is not a foreign country in its own right, the colony, territory or protectorate is taken to be a foreign country in its own right.

320(3)  
Subject to subsection (4), for the purposes of this section, if, apart from this subsection and subsection (4), there are 2 or more foreign countries with a common income tax system, those countries are to be treated as the same country.

320(4)  
For the purposes of this section, if, apart from this subsection, one or more parts of a particular foreign country are excluded (either expressly or by implication) from the operation of a double tax agreement in force in relation to the foreign country, the part or parts so excluded are to be taken to constitute a separate foreign country.


 

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