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INCOME TAX ASSESSMENT ACT 1936

PART I - PRELIMINARY  

SECTION 6CA  SOURCE OF NATURAL RESOURCE INCOME DERIVED BY A NON-RESIDENT  

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6CA(1)  

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In this section:

double tax agreement means an agreement within the meaning of the International Tax Agreements Act 1953 .

natural resource income means income that:


(a) is derived by a non-resident; and


(b) is calculated, in whole or in part, by reference to the value or quantity of natural resources produced, recovered or produced and recovered, in Australia after 7 April 1986;

but does not include:


(c) income that consists of royalty; or


(d) income where:


(i) on 7 April 1986, the non-resident had a continuing entitlement to receive the income;

(ii) the income was derived by the non-resident pursuant to that continuing entitlement;

(iii) the non-resident was, at 5 o'clock in the afternoon, by standard time in the Australian Capital Territory on 7 April 1986, a resident, within the meaning of a double tax agreement, of a foreign country in respect of which the double tax agreement was in force;

(iv) before 8 April 1986, the Commissioner had given a statement in writing to the effect that income tax would be levied on 50% of income included in a specified class of income; and

(v) the income is included in that class of income.

6CA(2)  

For the purposes of Divisions 5 and 6 of Part III , natural resource income shall be deemed to be attributable to sources in Australia.

6CA(3)  

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For the purposes of section 255 of this Act and sections 6-5 and 6-10 of the Income Tax Assessment Act 1997 , natural resource income shall be deemed to have been derived from a source in Australia.


 



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