TAXATION ADMINISTRATION REGULATIONS 1976 [REPEALED]

PART 5 - PAY AS YOU GO WITHHOLDING  

Division 4 - Dividend, interest, royalty, mining and certain superannuation payments  

REGULATION 42   42   ROYALTY PAYMENTS  
The amount to be withheld under section 12-280 or 12-285 of Schedule 1 to the Act from a royalty is:


(a) if the person to whom the royalty is paid, or a foreign resident mentioned in paragraph 12-285(1)(b) of that Schedule, is a resident of the other party to an international tax sharing treaty that applies to the royalty - the amount calculated at the rate provided for in the treaty; and


(b) if paragraph (a) does not apply, but the person to whom the royalty is paid, or a foreign resident mentioned in paragraph 12-285(1)(b) of Schedule 1 to the Act, is a resident of the other party to a double tax agreement - the amount calculated at the rate provided for in the agreement; and


(c) if paragraphs (a) and (b) do not apply, but the person to whom the royalty is paid, or a foreign resident mentioned in paragraph 12-285(1)(b) of that Schedule, is a resident of a country other than Australia - 30% of the amount of the royalty; and


(d) if the person to whom the royalty is paid is a resident of Australia - 30% of the amount of the royalty.


 

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.