Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules  


Division 284 - Administrative penalties for statements, unarguable positions and schemes  

Subdivision 284-E - Special rules about unarguable positions for cross-border transfer pricing  


Records kept by an entity meet the requirements in this Subdivision for the application (or non-application) of Subdivision 815-B or 815-C of the Income Tax Assessment Act 1997 to a matter (or identical matters) in a particular way if the records:

(a) are prepared before the time by which the entity lodges its * income tax return for the income year relevant to the matter (or matters); and

(b) are in English, or readily accessible and convertible into English; and

(c) explain the particular way in which the Subdivision applies (or does not apply) to the matter (or matters); and

(d) explain why the application of the Subdivision to the matter (or matters) in that way best achieves the consistency mentioned in section 815-135 or 815-235 of that Act (as the case requires) (about guidance material).

Without limiting subsection (1), the records must allow each of the following to be readily ascertained:

(a) the * arm ' s length conditions relevant to the matter (or matters);

(b) the particulars of the method used and comparable circumstances relevant to identifying those arm ' s length conditions;

(c) unless the records are for the non-application of the Subdivision to a matter (or matters) - the result that the application of the Subdivision in that particular way, as compared to the non-application of the Subdivision, has for the operation of this Act in relation to the entity;

(d) for Subdivision 815-B - the actual conditions relevant to the matter (or matters);

(e) for Subdivision 815-C :

(i) the actual profits mentioned in paragraph 815-220(1)(a) of that Act and the * arm ' s length profits, to the extent that they are relevant to the matter (or matters); and

(ii) the particulars of the activities and circumstances mentioned in subsection 815-225(1) of that Act, to the extent they are relevant to the matter (or matters).


Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.