CTHRepealedLegislation
Taxation Administration Regulations 1976
39AMeaning of double tax country
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#### 39A Meaning of double tax country
(1) If a double tax agreement includes provisions that have the force of law because of the International Tax Agreements Act 1953, and relate to a withholding payment:
(a) on income derived by a non‑resident on or after a particular day; or
(b) in respect of dividends derived on or after a particular day;
> the other party to the agreement is a double tax country for this Division on and after that day.
(2) If a double tax agreement, not being an agreement to which subregulation (1) applies, includes a provision that has the force of law because of the International Tax Agreements Act 1953, and limits the amount of Australian tax payable in respect of a dividend, the other party to the agreement is a double tax country for this Division.
(3) The Netherlands, as defined in Article 3 of the Netherlands agreement referred to in the International Tax Agreements Act 1953, is a double tax country for this Division.