Ruling Compendium
TD 2012/19EC
Compendium
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Please note that the PDF version is the authorised version of this ruling.
FOI status:
not legally binding| This edited version of the Compendium of Comments is not intended to be relied upon. It provides no protection from primary tax, penalties, interest or sanctions for non-compliance with the law. |
This is a compendium of responses to the issues raised by external parties to draft Taxation Determination TD 2009/D2 - Income tax: when is a non share equity interest 'issued at or through a permanent establishment' for the purposes of paragraph 215 10(1)(c) of the Income Tax Assessment Act 1997?
This compendium of comments has been edited to maintain the anonymity of entities that commented on the draft Determination.
Summary of issues raised and responses
| Issue No. | Issue raised | ATO Response/Action taken |
|---|---|---|
| 1 | Draft Determination appears to be inconsistent with the policy intent. | The Australian Taxation Office (ATO) does not agree with this statement. The Determination accords with the policy intent in the ATO's view. Treasury has also confirmed that the Determination is consistent with the policy rationale for section 215-10 of the Income Tax Assessment Act 1997. |
| 2 | The examples need to be expanded to make the reasoning clear as to why subsection 215-10(1)(c) of the Income Tax Assessment Act 1997 is failed or satisfied. | The examples have been rewritten and a new example has been added to illustrate more fully the ATO reasoning. |