Commonwealth Consolidated Acts

TAXATION LAWS AMENDMENT ACT (NO. 4) 2003 - SCHEDULE 6

Income Tax Assessment Act 1997

1   Subsection 995 - 1(1) (definition of carried on in Australia )

Repeal the definition.

Taxation Administration Act 1953

2   At the end of section   12 - 190 in Schedule   1

Add:

  (7)   In working out, for the purposes of this section, whether an enterprise is * carried on in Australia:

  (a)   ignore the external Territories; and

  (b)   treat an installation (within the meaning of the Customs Act 1901 ) that is deemed by section   5C of the Customs Act 1901 to be part of Australia, as part of Australia.

Note:   The effect of this subsection is to treat an enterprise as carried on in Australia only where it would be treated as carried on in Australia under the A New Tax System (Australian Business Number) Act 1999 .

3   Application

The amendments made by this Schedule apply to payments made after the commencement of this Schedule.