The Application of Australia's Domestic Tax Laws and Tax Treaties Where a Foreign Company is a Resident

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Hanna, Norman
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2019
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This article provides an examination of the Australian income tax implications that may arise if the Commissioner is successful in applying TR 2018/5 such that a foreign incorporated company is considered an Australian tax resident on the basis of central management and control. Many of the foreign incorporated companies caught by TR 2018/5 will also be regarded as resident in their country of incorporation and thus a “dual resident”. Although Australia has a tax treaty network that is available in some cases to potentially resolve the issue of dual residence for treaty purposes, a range of domestic tax law implications will arise when a foreign incorporated company is a dual resident. This article highlights the Australian tax issues faced by a dual resident, including the importance of the relationship between tax treaties and domestic law in addressing these issues.

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Australian Tax Review
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48
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3
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© 2019 Thomson Reuters. This article was first published by Thomson Reuters in the Australian Tax Review and should be cited as (2019) 48 AT Rev 1. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
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Accounting, auditing and accountability
Applied economics
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Government & Law
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Hanna, N, The Application of Australia's Domestic Tax Laws and Tax Treaties Where a Foreign Company is a Resident, Australian Tax Review, 2019, 48 (3), pp. 163-189