Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An entity that receives a * distribution satisfies the residency requirement at the time the distribution is made if:
(a) in the case of an individual--the individual is an Australian resident at that time; and
(b) in the case of a company--the company is an Australian resident at that time; and
(c) in the case of a * corporate limited partnership--the corporate limited partnership is an Australian resident at that time; and
(e) in the case of a * public trading trust--the public trading trust is a resident unit trust for the income year in which that time occurs.
(2) An entity that receives a * distribution also satisfies the residency requirement at the time the distribution is made if the entity at that time:
(a) is a company or an individual; and
(b) is a foreign resident; and
(c) carries on business in Australia at or through a permanent establishment of the entity in Australia, being a permanent establishment within the meaning of:
(i) a double tax agreement (as defined in Part X of the Income Tax Assessment Act 1936 ) that relates to a foreign country and affects the entity; or
(ii) subsection 6(1) of that Act, if there is no such agreement;
and the distribution is attributable to the permanent establishment.