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Edited version of your written advice
Authorisation Number: 1051415572676
Date of advice: 14 September 2018
Ruling
Subject: Withholding tax and anti-avoidance rules
Question 1
Will withholding tax be payable on lease payments made to Entity A?
Answer
No
Question 2
Will section 177DA of the Income Tax Assessment Act 1936 (ITAA 1936) apply to trigger the operation of Part IVA of the ITAA 1936 where Entity A, Entity B and Entity C structure their operations into Australia using intermediary entities?
Answer
No
Question 3
Would it be concluded that Entity A, Entity B and Entity C entered into or carried out the scheme or any part of the scheme for a principal purpose of, or for more than one principal purpose of, obtaining a tax benefit as required by paragraph 177J(1)(b) of the ITAA 1936?
Answer
No
Question 4
Will the general anti-avoidance provisions in section 177D of the ITAA 1936 apply to trigger the operation of Part IVA of the ITAA 1936 where Entity A, Entity B and Entity C structure their operations into Australia using intermediary entities?
Answer
No
This ruling applies for the following periods:
Year ending 31 December 2018
Year ending 31 December 2019
The scheme commences on:
March 2018
Reasons for decision
The Commissioner has ruled on each of the questions.