This presentation covers:
Australian outbound perspectives:
- the domestic law framework: s 23AH, FITO rules and withholding tax rules
- relevance of tax treaties and OECD guidelines to the attribution of profits to a foreign branch
- the effect of intra-entity dealings (Max Factor decision, ATO rulings, treatment of intra-entity risk transfers)
- Australian implications of capital attribution rules in foreign jurisdictions
- what difference would adopting a functionally separate entity approach make?
Australian inbound perspectives:
- the tax classification of the Australian branch
- the recognition of intra-entity dealings
- interaction between domestic rules and treaties
- potential interaction with other rules, especially thin capitalisation and withholding tax
- potential alternatives and approaches adopted in other jurisdictions.