Section 333 — Income Tax Assessment Act 1936: Companies that are residents of unlisted countries

(1) For the purposes of this Part, a company is a resident of an unlisted country at a particular time if, and only if: (a) the company is, in accordance with subsection (2), a resident of a particular unlisted country at that time; or (b) paragraph (a) does not apply and the company is at that time neither: (i) a Part X Australian resident; nor (ii) a resident of a particular listed country. (2) For the purposes of this Part, a company is a resident of a particular unlisted country (in this section called the unlisted country of residence) at a particular time if, and only if: (a) the company is not a Part X Australian resident at that time; and (b) the company is not treated as a resident of a listed country at that time for the purposes of the tax law of the listed country; and (c) any of the following subparagraphs applies: (i) both of the following conditions are satisfied at that time: (A) the company is treated as a resident of the unlisted country of residence for the purposes of the tax law of the unlisted country of residence; (B) the company is not treated as a resident of any other unlisted country for the purposes of the tax law of the unlisted country; (ii) both of the following conditions are satisfied at that time: (A) the company is treated as a resident of the unlisted country of residence and at least one other unlisted country for the purposes of the tax laws of each of those unlisted countries; (B) the company is incorporated in the unlisted country of residence; (iii) both of the following conditions are satisfied at that time: (A) the company is not treated as a resident of any unlisted country for the purposes of the tax law of the unlisted country; (B) the company’s management and control is solely or principally located in the unlisted country of residence. (iv) all of the following conditions are satisfied at that time: (A) the company is not treated as a resident of any unlisted country for the purposes of the tax law of the unlisted country; (B) the company’s management and control is not solely or principally located in the unlisted country of residence; (C) the company is incorporated in the unlisted country of residence.