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Australia: Application for stay of royalty withholding tax proceedings denied (Federal Court decision)

Stay sought while mutual agreement procedure ongoing under Australia-Ireland income tax treaty

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December 2, 2024

The Federal Court on October 31, 2024, denied the taxpayer's request for a temporary stay on royalty withholding tax proceedings while a mutual agreement procedure (MAP) is ongoing under the Australia-Ireland income tax treaty, involving over AUD250 million in penalties.

The court highlighted the necessity for a clear ruling on the definition of "royalties" to aid multiple taxpayers and related disputes, while allowing the taxpayer to appeal the decision to the Full Federal Court.

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