Tax determinations on PE source and tracing

26 October 2011

The Australian Tax Office this afternoon released the final determinations affecting the taxation treatment of foreign private investment into Australia. The determinations can be accessed via the links below to the ATO website.

AVCAL notes that the final rulings are largely similar to the earlier draft determinations of 2010.

AVCAL had been in various and lengthy discussions with the ATO with respect to these determinations, in particular in relation to the industry's desire to see a "safe harbour" test included in the final determination to simplify implementation. The ATO chose not to accept the proposal.

The Final Determinations are available below.

TD 2011/24 - Source

TD 2011/25 - Tracing