Jock McCormack In the context of the imminent release of the OECD report to G20 finance ministers dealing with its final recommendations on the Base Erosion and Profit Shifting (BEPS) Action Plan, Australia has introduced legislation dealing with several initiatives to combat multinational tax avoidance. The principal initiative will target 'significant global entities' (those with annual global income of A$1 billion ($700 million) or more, or as determined by the Commission of Taxation) which artificially avoid a taxable presence in Australia, essentially under a scheme that was carried out for the principal purpose or a principal purpose of obtaining a tax benefit relating to the non-attribution of income to an Australian permanent establishment (PE) of the foreign entity – section 177DA. Secondly, and most importantly, the penalties applicable to significant global entities that enter into tax avoidance or profit shifting schemes have been significantly increased to potentially 120% of the relevant scheme shortfall amount (the amount of tax in dispute).
September 28 2015