Taxation (Interest on Overpayments and Early Payments) Regulations 1992 (Cth)

Taxation (Interest on Overpayments and Early Payments) Regulations 1992

Statutory Rules 1992 No. 178 as amended

made under the

Taxation (Interest on Overpayments) Act 1983

This compilation was prepared on 14 September 2006

taking into account amendments up to SLI 2006 No. 216

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

      1Name of Regulations [see Note 1]

 These Regulations are the Taxation (Interest on Overpayments and Early Payments) Regulations 1992.

2Commencement

 These Regulations commence on 1 July 1992.

3Interpretation

• (1)

  In these Regulations, the Act means the Taxation (Interest on Overpayments and Early Payments) Act 1983.

• (2)

  A reference in these Regulations to a double tax agreement by name is a reference to the agreement so described in subsection 3 (1) of the International Tax Agreements Act 1953.

5Prescribed economic double tax correlative relief provisions (Act, paragraph 3A (1) (b))

 For the purposes of paragraph 3A (1) (b) of the Act, the provisions of the double tax agreements listed in Schedule 1 are prescribed.

6Prescribed manner of operation of business profits provisions – juridical double tax relief (Act, paragraph 3A (1) (b))

• (1)

  For the purposes of paragraph 3A (1) (b) of the Act, the following manner of operation of the provisions of the double tax agreements listed in Schedule 2 is prescribed:

  • (a)

    in the case that the taxpayer is a resident of Australia — if the provision has been applied in a manner which increases the profits of the taxpayer which are attributable to a permanent establishment in the other Contracting State; or

  • (b)

    in the case that the taxpayer is not a resident of Australia — if the provision has been applied in a manner which decreases the profits of the taxpayer which are attributable to a permanent establishment in Australia.

• (2)

  In subregulation (1), unless the contrary intention appears, profits includes:

  • (a)

    industrial or commercial profits within the meaning of:

    • (i)

      the Japanese agreement; or

    • (ii)

      the United Kingdom agreement; or

    • (iii)

      the 1960 New Zealand agreement; or

    • (iv)

      the 1972 New Zealand agreement; or

    • (v)

      the previous Canadian agreement; or

    • (vi)

      the previous United Kingdom agreement; or

    • (vii)

      the previous United States convention; or

  • (b)

    income or profits within the meaning of the Malaysian agreement; or

  • (c)

    business profits within the meaning of the United States convention.

• (3)

  For the purposes of paragraph 3A (1) (b) of the Act, the following manner of operation of the provisions of the double tax agreements listed in Schedule 3 is prescribed:

  • (a)

    in the case that the taxpayer is a resident of Australia — if the provision has been applied in a manner which results in an increase in:

    • (i)

      the profits of the taxpayer which are attributable to a permanent establishment in the other Contracting State; or

    • (ii)

      the profits attributable to the sales in the other Contracting State of goods or merchandise of the same or similar kind as those sold through that permanent establishment; or

    • (iii)

      the profits attributable to other business activities carried on in the other Contracting State of the same or similar kind as those carried on through that permanent establishment; or

  • (b)

    in the case that the taxpayer is not a resident of Australia — if the provision has been applied in a manner which results in a decrease in:

    • (i)

      the profits of the taxpayer which are attributable to a permanent establishment in Australia; or

    • (ii)

      the profits attributable to the sales in Australia of goods or merchandise of the same or similar kind as those sold through that permanent establishment; or

    • (iii)

      the profits attributable to other business activities carried on in Australia of the same or similar kind as those carried on through that permanent establishment.

7Prescribed economic double tax correlative relief provisions (Act, paragraph 3A (2) (b))

 For the purposes of paragraph 3A (2) (b) of the Act, Article 9 (paragraph (3)) of the Vietnamese agreement is prescribed.

8Prescribed manner of operation of business profits provisions – juridical double tax relief (Act, paragraph 3A (2) (b))

 For the purposes of paragraph 3A (2) (b) of the Act, the following manner of operation of Article 7 of the Vietnamese agreement is prescribed:

• (a)

  in the case that the taxpayer is a resident of Australia — if the paragraph applies in a manner which increases the profits of the taxpayer which are attributable to a permanent establishment in the primary foreign country; or

• (b)

  in the case that the taxpayer is not a resident of Australia — if the paragraph applies in a manner which decreases the profits of the taxpayer which are attributable to a permanent establishment in Australia.

Schedule 1Provisions of double tax agreements prescribed for the purpose of paragraph 3A (1) (b) of the Act

(regulation 5)

  

Provision
Item no.	Double tax agreement	Article	Paragraph
101	Austrian agreement	9	(3)
102	Belgian agreement	9	(3)
103	Canadian convention	9	(3)
104	Chinese agreement	9	3
105	Czech agreement	9	3
106	Danish agreement	9	(3)
107	Fijian agreement	9	(4)
108	Finnish agreement	9	(3)
109	French agreement	8	(3)
110	Hungarian agreement	9	(3)
111	Indian agreement	9	(3)
112	Indonesian agreement	9	(3)
113	Irish agreement	10	(4)
114	Japanese agreement	17	(4)
115	Kiribati agreement	9	3
116	Korean convention	9	(5)
117	Malaysian agreement	23	4
118	Maltese agreement	9	(3)
119	Netherlands agreement	9	(2)
120	1972 New Zealand agreement	18	(4)
121	New Zealand agreement	9	3
122	Norwegian convention	9	(3)
123	Papua New Guinea agreement	9	3
124	Philippine agreement	9	(3)
125	Polish agreement	9	3
126	Singapore agreement (as in force at any time)	6	3
127	Singapore agreement (as in force before 19.12.1989)	18	6
128	Spanish agreement	9	(3)
129	Sri Lankan agreement	9	(3)
130	Swedish agreement	9	(3)
131	Thai agreement	9	3
132	United Kingdom agreement	19	(4)
133	United States convention	9	(2)
134	Vietnamese agreement	9	(3)

Schedule 2Provisions of double tax agreements for which the manner of operation is prescribed for the purpose of paragraph 3A (1) (b) of the Act

(subregulation 6 (1))

  

Item no.	Double tax agreement	Article
201	Austrian agreement	7
202	Belgian agreement	7
203	Canadian convention	7
204	Chinese agreement	7
205	Czech agreement	7
206	Danish agreement	7
207	Finnish agreement	7
208	French agreement	6
209	German agreement	7
210	Hungarian agreement	7
211	Irish agreement	8
212	Italian convention	7
213	Japanese agreement	4
214	Korean convention	7
215	Malaysian agreement	7
216	Maltese agreement	7
217	Netherlands agreement	7
218	1960 New Zealand agreement	III
219	1972 New Zealand agreement	5
220	New Zealand agreement	7
221	Norwegian convention	7
222	Polish agreement	7
223	Previous Canadian agreement	III
224	Previous United Kingdom agreement	III
225	Previous United States convention	III
226	Singapore agreement	5
227	Spanish agreement	7
228	Swedish agreement	7
229	Swiss agreement	7
230	United Kingdom agreement	5
231	United States convention	7
232	Vietnamese agreement	7

Schedule 3Provisions of double tax agreements for which the manner of operation is prescribed for the purpose of paragraph 3A (1) (b) of the Act

(subregulation 6 (3))

  

Item no.	Double tax agreement	Article
301	Fijian agreement	7
302	Indian agreement	7
303	Indonesian agreement	7
304	Kiribati agreement	7
305	Papua New Guinea agreement	7
306	Philippine agreement	7
307	Sri Lankan agreement	7
308	Thai agreement	7

Notes to the Taxation (Interest on Overpayments and Early Payments) Regulations 1992

Note 1

The Taxation (Interest on Overpayments and Early Payments) Regulations 1992 (in force under the Taxation (Interest on Overpayments) Act 1983) as shown in this compilation comprise Statutory Rules 1992 No. 178 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Statutory Rules

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1992 No. 178	25 June 1992	1 July 1992
1994 No. 220	30 June 1994	1 July 1994	—
1995 No. 448	22 Dec 1995	22 Dec 1995	—
2006 No. 216	14 Aug 2006 (see F2006L02613)	Rr. 1–10 and Schedule 5: 14 Sept 2006 (see r. 2 (a))	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	am. 1995 No. 448
rs. 2006 No. 216
R. 3.........................................	am. 1995 No. 448
R. 4.........................................	rs. 1994 No. 220
rep. 2006 No. 216
Rr. 5–8....................................	ad. 1995 No. 448
Schedule 1
Schedule 1.............................	ad. 1995 No. 448
Schedule 2
Schedule 2.............................	ad. 1995 No. 448
Schedule 3
Schedule 3.............................	ad. 1995 No. 448