New ruling on withholding tax exemption for non-residents’ super, sovereign immunity rules

Scott Farrell, Minh Dao, Simon Clark & Justin Orders highlight the key takeaways for entities affected by the ruling.

The Australian Taxation Office (ATO) released on Wednesday 16 December LCR 2020/3 containing the administrator’s views on issues relating to changes to the withholding tax exemption for non-residents’ superannuation funds and the new sovereign immunity rules. The LCR applies from 1 July 2019. In this report we touch on the key aspects for affected entities. Background 1. The withholding tax exemption (WTE) There are now three additional requirements: the superannuation fund must satis...

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Authors: Scott Farrell, Minh Dao,

Published Date: 17 December 2020