Australia: Tax round-up

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Australia: Tax round-up

Sponsored by

Sponsored_Firms_piper.png
Australia underwent a flurry of tax developments at the end of 2019

Jock McCormack of DLA Piper summarises tax-related developments which rounded off 2019 in Australia.

The Australian Taxation Office (ATO) has provided important guidance in applying the principal or main purpose test in Australia’s double tax treaties as well as its views on limiting the withholding tax exemption for foreign superannuation funds and the broader tax exemption for sovereign wealth funds. Further, the Australian Board of Tax has outlined two primary reform options relating to corporate tax residency status and the government has released further proposed amendments to Australia’s hybrid mismatch rules.

Principal or main purpose test




On December 16 2019 the ATO issued draft Practice Statement Law Administration (PSLA) 2019/D2 dealing with ‘administering general anti-abuse rules, such as a principal or main purpose test, included in Australia’s double tax treaties’. The principal or main purpose test has been included in many of Australia’s double tax treaties as a consequence of Australia’s and other countries’ commitment to and ratifying the multi-lateral instrument (MLI).



The draft Practice Statement provides practical and technical guidance to ATO staff on the administrative process of applying the principal (or main) purpose test in Australia’s double tax treaties. It essentially provides guidance on questions that should be raised by ATO officers of taxpayers, documents to be produced and the general process and considerations for evaluating the principal or main purpose test. The ATO is open to submissions on the application of the principal purpose test and will closely review international dealing schedule working papers, annual reports, contemporaneous transfer pricing reports and inter-company agreements and policies.



Corporate tax residency



The Board of Tax released a 2nd Consultation Paper on December 9 2019 outlining two primary reform options – firstly, the retention of a modified ‘central management and control’ test and secondly, the adoption of an ‘incorporation only’ test.



The Board is seeking further comments on these two options and has rejected a test based on the international treaties standard of ‘place of effective management’ because of uncertainty risks.



The concept of corporate residency is critical in Australia for a range of reasons including access to treaty benefits, concessional non-portfolio foreign dividend exemption, foreign participation exemption and a range of capital gains tax (CGT) and foreign hybrid type recognition/rules. The Board is carefully considering its options and will report to the government in the coming months.



Separately, the ATO has released an updated version of its Practical Compliance Guideline (PCG) 2018/9 providing guidance to foreign incorporated companies on applying the ‘central management and control test’ as it impacts corporate residency.



Other developments



The government released draft legislation on December 13 2019 to clarify and amend Australia’s hybrid mismatch rules. Most particularly, it amended the integrity rule as it applies to inbound financing arrangements and related matters.



Finally, the ATO released Draft Law Companion Ruling 2019/D4 on December 4 2019 outlining its views firstly, on the eligibility of foreign superannuation funds for the withholding tax exemption (most particularly related to the ‘influence test’), and secondly, the broader sovereign wealth fund / entity group tax exemption.





Jock McCormack

T: +61 2 9286 8253 

E:  jock.mccormack@dlapiper.com


more across site & shared bottom lb ros

More from across our site

The profession is fundamentally restructuring itself around what tax and accounting work should be, a Thomson Reuters leader told ITR
The big four firm is consolidating 16 entities across the region to create a single 6,000-partner behemoth
Brazil’s tax reform unifies consumption taxes to simplify rules, centralise administration and reduce legal uncertainty
The ever-expansive firm has once again attracted a former ‘big four’ talent to lead the new offering
The amended double taxation avoidance agreement removes France’s most favoured nation status for tax treaty benefits
The levies extended beyond the president’s ‘legitimate reach’, the Supreme Court ruled
While Brazil’s consumption tax overhaul led to a short-term spike in tax advisory demand, we are now in a period of ‘normalisation’ marked by decreased recruitment
The expanded firm will comprise roughly 8,500 employees, including 550 partners; in other news, Paul Hastings and Macfarlanes made senior tax hires
Meanwhile, one expert highlights the importance of separating Venezuela’s tax authority from direct political control after ‘lost decades and isolation’
With PMK 108, Indonesia has upgraded its tax transparency regime for the digital era, focusing on data quality, governance, and cross border exchange rather than expanding regulatory reach
Gift this article