The Commissioner of Taxation has made a ‘Competent Authority determination’ setting out the information he will require taxpayers to supply him with, as part of the ‘Country by Country’ (CbC) Reporting arrangements.

The Commissioner set out an inclusive list of the information taxpayers may have to supply, in his web post. By way of introduction, the Commissioner notes the basis for this determination as follows.

This list outlines the information to send with your request for a determination from an Australian Competent Authority under:

  • Article 10(3)(c) of the tax treaty between Australia and the United Kingdom (Convention between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains);
  • Article 16(5) of the tax treaty between Australia and the United States (Convention between the Government of Australia and the Government of the United States of America for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income) (US Convention); and
  • similar provisions in other tax treaties.

This is not a complete list. The information required will depend on the circumstances of the applicant. Sending this information with your initial request will help achieve a quicker outcome.

The Commissioner also made a ‘Competent Authority Arrangement’ with the USA on 1 August 2017, to implement the automatic exchange of CbC reports. He reports on this on his web post also. This is under the 1982 DTA with America – Article 25 (about the exchange of information).

[FJM; LTN 160, 23/8/17; TM August]

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