| Disclaimer This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of your private ruling
Authorisation Number: 1012426570687
This edited version of your ruling will be published in the public register of private binding rulings after 28 days from the issue date of the ruling. The attached private rulings fact sheet has more information.
Please check this edited version to be sure that there are no details remaining that you think may allow you to be identified. If you have any concerns about this ruling you wish to discuss, you will find our contact details in the fact sheet.
Ruling
Subject: Exemption from Withholding tax
Question and Answer
Where Entity A invests the official reserve assets of the Country B Government on behalf of and for the benefit of the Retirement Fund, is any interest income generated from investments in Australian financial arrangements exempt from withholding tax?
Yes
This ruling applies for the following period:
Year ended 30 June 2010
Year ended 30 June 2011
Year ended 30 June 2012
Year ended 30 June 2013
Year ended 30 June 2014
Year ended 30 June 2015
Year ended 30 June 2016
Year ended 30 June 2017
The scheme commenced on:
1 July 2009
Relevant facts and circumstances
This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling.
Entity A is a Country B statutory body which was established to manage the Country B Government Pension Fund (Retirement Fund).
The Retirement Fund in turn is a fund established for the purposes of funding the pension liabilities of the Country B Federal Government. The source of funds of the Retirement Fund is from official reserve assets of the Country B Government.
A certificate has been forwarded from the Government of Country B stating:
· The Retirement Fund that is managed and invested by Entity A represents the official reserve assets of the Government of Country B.
· Entity A is a resident of Country B.
· Entity A is not a superannuation fund for foreign residents for the purposes of paragraph 128(3)(b) of the Income Tax Assessment Act 1936 (ITAA1936).
· Entity A does not have a permanent establishment in Australia.
Relevant legislative provisions
International Agreements Act 1953
Reasons for decision
The International Agreements Act 1953 gives domestic legal effect to the various double tax agreements Australia has with other counties.
The Country B Agreement is located on the Austlii website (www.austlii.edu.au) in the Australian Treaties Series database. The Country B Agreement operates to avoid the double taxation of income received by residents of Australia and Country B.
An Article of the Country B Agreement states:
Notwithstanding the provisions of paragraph 2, interest derived from the investment of official reserve assets by the Government of a Contracting State or by a bank performing central banking functions in a Contracting State shall be exempt from tax in the other Contracting State.
Entity A is a statutorily established agency of the Country B Government whose function is to administer and manage the Retirement Fund.
The Retirement Fund in turn is a fund established for the purposes of funding the pension liabilities of the Country B Federal Government. The source of funds of the Retirement Fund is from official reserve assets of the Country B Government.
A certificate has been forwarded from the Government of Country B stating:
The Retirement Fund that is managed and invested by Entity A represents the official reserve assets of the Government of Country B.
Consequently the exemption in the relevant Article of the Country B Agreement will apply and Entity A is exempt from tax on interest derived from Australian investments.