Commonwealth Consolidated Acts

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INTERNATIONAL TAX AGREEMENTS ACT 1953 - SECT 11H

Agreement with Denmark

  (1)   Subject to this Act, on and after the date of entry into force of the Danish agreement, the provisions of the agreement, so far as those provisions affect Australian tax, have the force of law:

  (a)   in relation to withholding tax--in respect of dividends or interest derived on or after 1   January in the calendar year immediately following that in which the agreement enters into force and in relation to which the agreement remains effective; and

  (b)   in relation to tax other than withholding tax--in respect of income of any year of income commencing on or after 1   July in the calendar year immediately following that in which the agreement enters into force and in relation to which the agreement remains effective.

  (3)   Where an amount of tax credit is to be treated as assessable income of a taxpayer in accordance with paragraph   (7) of Article 10 of the Danish agreement:

  (a)   the amount of the tax credit shall be included in the assessable income of the taxpayer of the year of income in which the dividend to which the tax credit relates is paid; and

  (b)   the amount of the tax credit shall be added to the amount of the dividend to which the tax credit relates and the sum of the two amounts shall be deemed to be one dividend for the purposes of this Act and the Assessment Act.


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