Draft Taxation Ruling
TR 2005/5DCW
Income tax: ascertaining the right to tax United States (US) and United Kingdom (UK) resident financial institutions under the US and the UK Taxation Conventions in respect of interest income arising in Australia
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Please note that the PDF version is the authorised version of this withdrawal notice.This draft update has been replaced by TR 2005/5DC2This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
Notice of Withdrawal
Taxation Ruling TR 2005/5DC is withdrawn with effect from today.
1. This draft update, which issued on 28 November 2018, proposed changes to TR 2005/5 to clarify the Commissioner's view on certain aspects of the second limb of the definition of 'financial institution' as used in Australia's Double Taxation Conventions with the United States and the United Kingdom.
2. The proposed changes in that draft update are included in a further draft update to TR 2005/5 Income tax: ascertaining the right to tax United States (US) and United Kingdom (UK) resident financial institutions under the US and the UK Taxation Conventions in respect of interest income arising in Australia, which issued today. This update expands on the Commissioner's view in TR 2005/5DC. It has been issued in draft form to allow further community consultation and comment.
Commissioner of Taxation
21 September 2022
© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA
You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
References
ATO references:
NO 1-B97Z35Q
Related Rulings/Determinations:
TR 92/1
TR 92/20
TR 97/11
TR 97/16
TR 2001/13
TR 2002/2
Legislative References:
ITAA 1936
ITAA 1936 47A(7)
ITAA 1936 Pt III Div 11A
ITAA 1936 128B
ITAA 1936 128F
ITAA 1936 128F(6)
ITAA 1936 128F(9)
ITAA 1936 318
ITAA 1936 318(1)(e)(i)
ITAA 1936 318(6)(b)
ITAA 1997
ITAA 1997 Div 974
ITAA 1997 974-10(1)
ITAA 1997 974-10(2)
ITAA 1997 974-130
ITAA 1997 974-135
TAA 1953
TAA 1953 Pt IVAAA
Banking Act 1959
Banking Act 1959 5
Banking Act 1959 8
Banking Act 1959 9(3)
Banking Act 1959 66
Banking Act 1959 66AA
Date: | Version: | Change: | |
28 November 2018 | Original ruling | ||
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