Australia: Doing Business in Australia - Taxation

Last Updated: 30 April 2012
Article by Tony Holland

Taxation is spread between Australia's three levels of government.

The Federal Government collects almost 80% of the tax paid in Australia and is the only level of government that levies income tax, its major form of revenue. In addition, it levies a Goods and Services Tax (GST) and also levies tariffs on a number of imported items.

State governments variously impose a large number of taxes. Principal among these are land tax, payroll tax, stamp duty and motor vehicle registration duty. Local governments also impose taxes – chiefly, rates payable by landowners – though these make up less than 5% of taxes levied on the private sector.

There are a number of issue-specific reviews (for example, trust taxation and transfer pricing) of the tax system currently underway. Australia is also in the process of introducing a new Minerals Resource Rent Tax as well as a new Carbon Pricing Mechanism and Tax. As with all decisions, businesses need to consider any proposed changes, factoring them into business plans and activities. In particular, businesses should prepare before any tax change commences.


Australia's income tax system is administered by the Federal Commissioner of Taxation (the Commissioner), who is responsible for the operations of the Australian Taxation Office (ATO).

Income tax is governed by many enactments. The main legislation is the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth). These and the common law form the basis for Australia's current income and capital gains taxation system. Administrative rulings and determinations are also involved.

Federal income tax returns must be lodged annually. The Australian tax year, or year of income, ends on 30 June. A Substituted Accounting Period (SAP) may be adopted as the income tax year with the written approval of the Commissioner. An application for a SAP may be lodged where special circumstances exist to justify one.

The system operates by way of self-assessment, together with random ATO audits to verify assessments. Taxpayers may seek a binding private ruling from the Commissioner in relation to a transaction or arrangement.


Australian resident individual tax rates for 2012-13 are set out in the table below.

$0–$18,200 Nil
$18,201–$37,000 19c for each $1 over $18,200
$37,001–$80,000 $3,572 plus 32.5c for each $1 over $37,000
$80,001–$180,000 $17,547 plus 37c for each $1 over $80,000
$180,001 and over $54,547 plus 45c for each $1 over $180,000

Medicare Levy

A Medicare Levy of 1.5% of taxable income is payable on top of these rates unless the person is a low income earner. Certain other exemptions apply, including for non-Australian residents for tax purposes. In other cases, a reduced levy may be available to certain non-residents. An additional surcharge of 1% is payable by highincome earners who do not have private patient hospital cover for themselves and their dependents for the relevant income year.

This surcharge is also payable by single people without dependent children and who have a taxable income greater than AU$84,000 for the 2012-13 income tax year and by family members if the combined taxable income of the person and their spouse is greater than AU$168,000 for the 2012-13 income tax year. On top of this, the threshold increases by AU$1,500 for each dependent child after the first. A person is considered a family member if they have a spouse, dependent children, or both.

Flood Levy

The Australian Government has introduced a Temporary Flood and Cyclone Reconstruction Levy (Flood Levy) applying to taxable income over AU$50,000 for the 2011-12 year only. This is payable by individual taxpayers (including foreign residents who have Australian income) unless the person is a low income earner or the taxpayer is affected by the natural disasters. The amount of the levy is calculated as follows:

  • Taxpayer's taxable income is between AU$50,001 to AU$100,000: half a cent for each $1 over $50,000.
  • Taxpayer's taxable income is over AU$100,000: $250 plus 1 cent for each $1 over $100,000.

Company tax rate

Both Australian resident companies and foreign resident companies (with Australian-sourced income) are subject to income tax at the company tax rate of 30%. The Federal Government has recently announced a reduction in the corporate tax rate to 29%, starting from 1 July 2012 for small businesses and 1 July 2013 for all other companies.


General rule

Australian residents are liable for tax on all their income and capital gains from sources anywhere in the world. Income from foreign service is assessable regardless of whether the employer is foreign or Australian. An Australian resident's foreign earnings, however, will generally be tax exempt if the resident is employed for longer than 91 days. However, this exemption is restricted to employees who are engaged in foreign service attributable to certain Federal Government and official development assistance or certain developing country relief work.

Non-residents are generally taxed on all income and capital gains from Australian sources. A network of Double Taxation Agreements (DTAs) operates to modify these rules. Income or capital gains not earned from an Australian source by people who are not Australian residents is generally not liable for tax in Australia.

Tax on income derived from an Australia source (foreign residents)

A number of situations exist in which foreign residents are taxed on nonAustralian income. These include interest, royalties, unfranked dividends and other similar payments to a non-resident by an Australian resident.

The residence test


Residence is determined primarily by the ordinary meaning of "resides". People domiciled in Australia are generally deemed residents of Australia.

One statutory test is whether a person is in Australia, continuously or intermittently, for more than six months of a financial year. In this case, he or she is considered a resident unless they can establish that their usual residence is outside Australia and that they do not intend to reside in Australia.

As residency is a question of fact, people who are in Australia for less than six months may also be able to establish that they are Australian residents. A number of factors determine a person's residency. Each DTA between Australia and a treaty country also contains rules to determine residency, including "tiebreaker" rules.


A company is resident in Australia if it:

  • Is incorporated in Australia; or
  • Carries on business in Australia and either:
    • Its central management control is in Australia, or
    • Its voting power is controlled by shareholders resident in Australia.

If company directors usually undertake business and make decisions in Australia then, as a general rule, the residence test will be satisfied. Again, residency is a question of fact decided in each case by reviewing the company's business and trading.


Trusts will be resident trust estates during a financial year if their trustee is an Australian resident or its central management and control is in Australia.


Residents in countries that have a DTA with Australia are only subject to taxes on business profits in Australia if they conduct business in Australia through a permanent establishment. A foreign company is not considered a permanent establishment simply because it has an Australian subsidiary. Similarly, if the foreign resident operates only through an independent agent who cannot bind it, then it also is not a permanent establishment.

Countries with which Australia has DTAs

Argentina, Austria, Belgium, Canada, Chile, China, Czech Republic, Denmark, Fiji, Finland, France, Germany, Greece, Hungary, India, Indonesia, Ireland, Italy, Japan, Kiribati, Korea, Malaysia, Malta, Mexico, Netherlands, New Zealand, Norway, Papua New Guinea, Philippines, Poland, Romania, Russia, Singapore, Slovak Republic, Spain, South Africa, Sri Lanka, Sweden, Switzerland, Taiwan, Thailand, Turkey, the UK, the US and Vietnam. Royalties include payments for the use of industrial, commercial and scientific equipment or knowledge and for spectrum licences. If they are paid as an Australian business's expense, royalties are taxed as if they were sourced in Australia and, in the absence of a DTA, royalties derived by non-residents are subject to a 30% withholding tax. A DTA generally reduces the withholding tax rate for royalties to 10%.


Company tax losses can be carried forward indefinitely and can be offset against assessable income. However, this right may be lost if a company's ownership changes. The test for this is whether more than 50% of all voting, dividend and capital rights are beneficially owned by the same people who held the rights when the loss was incurred.

A loss may remain deductible if the company carries on the same business after its ownership changes. Capital losses may also be carried forward indefinitely but may only be used to offset capital gains. Complex provisions apply to the carrying forward of tax losses.


For income tax purposes, a head company of a wholly owned group of entities can elect to consolidate with its wholly owned Australian subsidiaries. Under a "one in, all in" principle, the wholly owned subsidiaries become subsidiary members of the consolidated group. Together with the head company, these constitute the members of the group and, while consolidated, will be considered a single entity for income tax purposes. Thus certain intra-group transactions are ignored for income tax purposes. All group members can in some circumstances be liable for the group's tax debts. Such groups often enter into internal arrangements concerning an allocation of tax responsibilities known as "tax sharing" and "tax funding" agreements.


Certain distributions made by an Australian Managed Investment Trust (MIT) to foreign resident investors in the MIT are subject to a concessional rate of withholding tax (prior to 1 July 2008, the withholding tax rate was 30%).

The rate of withholding differs depending on whether the investor's address is in a jurisdiction with which Australia has an effective Exchange of Information (EOI) agreement (which includes the UK, the US and New Zealand). The rate of withholding is 7.5% from 1 July 2010.

Where the investor does not reside in an EOI jurisdiction, the rate of withholding tax continues to be 30%.

The concessional tax rate only applies to distributions from a MIT of Australian source net income other than dividends, interest and royalties.


The Taxation of Financial Arrangements (TOFA) rules apply mandatorily to certain financial arrangements of certain taxpayers entered into from 1 July 2010, although taxpayers can elect to apply the new rules from 1 July 2009.

The regime contains a set of rules that determines the tax timing and character treatment of gains and losses arising from such financial arrangements and more closely aligns the tax treatment with the accounting treatment.

Broadly, TOFA only applies mandatorily to certain financial sector entities with a turnover of AU$20 million or more, certain superannuation entities with assets of AU$100 million or more and to other entities with turnovers that meet certain turnover, asset or financial asset thresholds. However, any taxpayer can elect for the rules to apply to them.

Some financial arrangements are specifically excluded from the operation of the TOFA rules.

A taxpayer has to determine whether or not to make the following types of elections:

  • Whether or not to enter into TOFA (if TOFA does not compulsorily apply)
  • Timing of when to enter into TOFA
  • Whether or not to apply TOFA to existing financial arrangements
  • Elective tax timing methods – ie how gains and losses will be taxed under TOFA.


GST is a value-added tax of 10%, which is payable on supplies of any form whatsoever including goods, services, real property, rights and obligations and is generally applied at each stage of the production and distribution chain.

Individuals, companies, trusts, tax and legal partnerships and government entities that meet an annual turnover threshold of AU$75,000 are registrable for GST. Most registrable entities become liable for GST on the issue of an invoice or the receipt of a payment, whichever is the earlier.

There is no statutory right to increase prices on account of GST, so businesses generally seek reimbursement by way of a GST clause in their contracts or by charging a GST-inclusive price. Where the recipient is a business, it can generally claim back the GST charged to it as an input tax credit from the ATO in its GST return. However, input tax credits are not available for all businesses, for example where an expense relates to an input taxed supply made by the business, such as a financial supply. In this case, any GST borne by the recipient is a real cost.

Not all supplies are taxable. For example, financial supplies, which include granting loans and transfers of securities, are input-taxed where they involve Australian parties. Thus no GST liability arises for the supplier but it may not be entitled to claim a full input tax credit on expenses related to the input taxed supply. For example, there is no GST on a share sale, but the vendor and the purchaser may not be entitled to claim input tax credits on their transaction costs, such as legal and accounting advice. There are a number of special rules in this area.

Other supplies, such as exports, certain food products, health and education are GST-free. In these cases, there is no GST liability for the supplier and the supplier can generally claim an input tax credit on expenses related to GST-free supplies.

The sale of a business via an asset sale is generally sold as a GST-free going concern. The going concern test is a technical test and there are a number of requirements that need to be met. The benefits of using the going concern exemption include cash flow and stamp duty savings (the latter since stamp duty is calculated on the GST-inclusive purchase price).

Expert advice should be obtained on any business purchase. The Federal Government has proposed removing the going concern exemption and replacing it with a reverse charge mechanism. No start date has been given for when this change will be effective, however, it is expected to commence some time in 2012.

Cross-border transactions are another area that give rise to complex GST issues. Australia has very broad GST cross-border rules, such that many non-residents have a GST liability in Australia (even where they do not carry on business in Australia) and many Australian businesses need to charge GST to non-resident customers. All cross-border transactions require GST advice. The Federal Government is currently conducting a review into the GST cross-border rules, which is expected to lead to substantial amendments to these rules. The amendments are proposed to be effective from 1 July 2012, although this date may be deferred.


Capital Gains Tax (CGT) forms part of the income tax regime. CGT applies to net capital gains relating to assets and notional assets acquired after 19 September 1985 and capital losses where sale proceeds are less than the actual unindexed cost. However, these losses may only be offset against current or future capital gains.

Capital gain is calculated on the proceeds from the disposal of the asset less its cost and any incidental costs associated with its purchase and disposal. The taxable part of the gain is treated as assessable income.

Some assets are exempt from CGT, for example an individual's principal residence and motor vehicles, but generally the types of assets subject to CGT are very broad. Various small business CGT concessions are also available, for example where the business is related to an entity's own net assets of AU$6 million or less and the assets are used in a business, though special rules about control may apply. At times, CGT may be deferred where one CGT asset is rolled over into another.

In a recent alignment of Australia's CGT tax policy with Organisation for Economic Cooperation and Development practice, nonresidents are only subject to CGT where:

  • They have a direct or indirect interest in Australian real property – an indirect interest includes an interest held through a non-portfolio interest, ie where an interest of 10% or more is held through an interposed entity. Nonportfolio interests held by non-residents in both Australian and foreign entities will only be subject to Australian CGT where at least 50% of the asset's value is attributable to underlying Australian real property; or
  • The assets have been used to carry on a business through a permanent establishment.

Non-residents now have greater flexibility and efficiency in structuring their Australian investments. They are no longer subject to CGT on Australian share or unit trust investments where Australian real property is not held by the entity.

Assets held through a partnership and options over taxable Australian assets are included in the tax base.

For assets held for at least one year, individual taxpayers and trusts have the choice of including either half the realised nominal gain or the whole of the difference between the disposal price and the frozen indexed cost base in their assessable income. Complying superannuation funds would include twothirds of the net gain.

Companies must include in their assessable income the whole of the difference between the realised price of the asset and its cost base.


This capitalisation

Rules operate to prevent multinational entities allocating a disproportionate amount of debt to their Australian operations. Interest payable on debt may be deductible for tax purposes whereas dividends paid on equity are not.

Broadly, thin capitalisation rules operate when the amount of debt used to finance the Australian operations of multinational corporations exceeds specified limits. These disallow a proportion of the deductible finance expenses, for example interest attributable to the Australian operations.

Once a group consolidates, thin capitalisation rules apply to the head company. An Australian branch of a foreign bank can be part of a group's head company or part of a single resident company for the purpose of determining their thin capitalisation position.

The rules may apply to:

  • Australian entities that are foreigncontrolled and foreign entities that either invest directly into Australia or operate a business through an Australian permanent establishment
  • Australian entities that control foreign entities or operate a business through overseas permanent establishments and associate entities.

There are two exemptions from thin capitalisation rules:

  • Taxpayers and their associates claiming annual debt deductions of AU$250,000 or less
  • Outward investing Australian entities, if at least 90% of their assets (excluding those of a private or domestic nature) are Australian.

Application to Authorised Deposit- Taking Institutions

For Authorised Deposit-taking Institutions (ADIs) such as banks, debt deductions will be reduced where the equity capital that is funding Australian operations is less than the minimum equity requirement. For inward-investing ADIs, ie foreign ADIs with Australian permanent establishments, the minimum amount of equity capital is the lesser of the:

  • Safe harbour capital amount of 4% of the risk-weighted assets of the Australian banking business
  • Arm's length capital amount determined in a similar manner to the arm's length debt amount for non-ADIs, ie a notional amount representing what would reasonably have been expected to be the entity's minimum arm's length capital funding of its Australian business throughout the year.

Outward-investing ADIs, ie Australian ADI entities with foreign investments, have the same requirement but also must have capital to match certain other Australian assets. The minimum amount of equity capital for outward investing ADIs is the least of the:

  • Safe harbour capital amount of 4% of the risk-weighted assets of the Australian banking business
  • Arm's length capital amount, ie a notional amount representing what would reasonably have been expected to have been the bank's minimum arm's length capital funding of its Australian business throughout the year
  • Worldwide capital amount allowing an Australian ADI with foreign investments to fund its Australian investments with a minimum capital ratio equal to 80% of the Tier 1 capital ratio of its worldwide group.

Application to non-ADIs

For organisations that are not ADIs, debt deductions reduce where the amount of debt funding of Australian operations exceeds a specified maximum, which varies according to whether the entity is a financial institution and whether it is inward- or outward-investing.

For non-ADI foreign entities with Australian investments, the maximum amount of debt will be the greater amount determined under either the safe harbour debt test or the arm's length debt test.

Under the safe harbour test, the amount of debt used will be considered excessive when it is greater than the gearing limit of 3:1. For financial entities, this gearing ratio only applies to their non-lending business.

An on-lending rule also operates. This removes from these calculations any debt that is on-lent to third parties or used for similar financing activities. Application of this rule is limited by an additional safe harbour gearing ratio of 20:1, which applies to the financial entity's total business.

Special rules delivering higher gearing ratios for financial entities with assets allowed to be fully debt-funded also apply. For the purposes of the safe harbour test, asset and liability take their accounting meaning.

The arm's length debt amount is determined by analysing an entity's activities and funding to deliver a notional amount that represents what would reasonably have been expected to be the entity's maximum arm's length debt funding during the period.

For non-ADI Australian entities with foreign investments, the maximum deductible debt amount will be the greatest determined under either the:

  • Safe harbour debt test
  • Arm's length debt test
  • Worldwide gearing debt test.

The safe harbour limit and the arm's length test are fundamentally the same as those described for non-ADI foreign entities with Australian investments. However, they take account of the amount and form of investment in the Australian non-ADI's controlled foreign investments.

The worldwide gearing debt test allows an Australian entity with foreign investments to fund its Australian investments with gearing of up to 120% of the gearing of the worldwide group it controls. This test is not available if the Australian entity is controlled by foreign entities.


Australia's Income Tax Assessment Act 1936 (Cth) deals with arrangements by which profits are shifted out of Australia. The Taxation Commissioner may impose arm's length prices in relation to:

  • The supply or acquisition of property or services between related parties under an international agreement
  • Internal dealings of an international organisation such as between international head office and an Australian branch.

Any management charges or supplies of services by foreign investors to related Australian companies must be commercially justifiable and at approximately arm's length prices. Several pricing methodologies exist that are acceptable to the ATO.


The ATO and the different state revenue offices issue public rulings, determinations, interpretative decisions and practice statements, which set out their views on the operation of the relevant federal or state law. The various forms of ATO advice provide different levels of protection as to penalties, interest or primary liability.

In addition, a taxpayer can seek certainty in respect of how the ATO will treat the income tax, GST, Fringe Benefits Tax (FBT) or GST laws as they apply to their tax affairs by applying for a private ruling. A private ruling is legally binding on the Commissioner and protects the taxpayer from penalty, additional primary tax and interest when they rely on a ruling. Where a class of persons is involved, or the subject matter concerns the tax implications of a particular product, a class ruling or product ruling can be sought.


Fringe Benefits Tax

FBT is a federal tax of 46.5% paid by employers on the taxable value of specific non-cash benefits provided to employees and their associates, whether provided by the employer or by a third party. It is calculated annually and paid quarterly or annually.

The taxable amount is determined by classifying fringe benefits into two types to account for the different treatment of certain people and benefits under GST legislation. FBT paid by employers is taxdeductible.

FBT applies to the private use of motor vehicles, the waiver of debts, the giving of interest-free or low interest loans and free or cheap housing, to name a few. Concessions are available for certain benefits paid to employees who relocate for their employment.

Payroll tax

States and territories levy payroll tax on an employer's total wages paid or their equivalent, eg fringe benefits. Standing at around 6% of the payroll value, the tax differs between jurisdictions and exemptions for total annual payrolls of around AU$600,000 or less are provided by individual states and territories. In some cases, if the total payroll of an employer is below this amount, no tax is payable. Generally, wages include some amounts paid to independent contractors.


Duty, sometimes referred to as stamp duty, is imposed differently in each state and territory. Duty applies principally to transactions such as transfers of land, transfers of businesses, transfers of unlisted shares and the taking of security for financial accommodation, eg mortgages and charges.

Depending on the nature of the instrument and transaction, duty varies from 0.4% to 6%. Each state's and territory's stamp duty law is different, with some transactions being dutiable in some but not in others. For example, only New South Wales and South Australia charge duty on the transfer of unlisted shares (both will abolish this duty from 1 July 2012).

Trades in all securities listed on the Australian Securities Exchange (ASX) are not dutiable in all states or territories, except in certain circumstances where the listed company owns significant land assets in particular Australian states or territories and at least 90% of the shares in the company are transferred.

A key area is the imposition of "land rich" or "landholder" duty on share or unit acquisitions where the vehicle owns significant land assets in Australia. Duty may then be up to 6.75% of the land value, multiplied by the proportionate interest acquired in the vehicle.

Land tax

Each state and territory imposes land tax at varying levels and conditions. Generally, land tax is payable annually based upon the unimproved value of land owned and applying only above a certain threshold value.

Other imposts

A range of other imposts exists. For example:

Employers must pay a workers' compensation levy and each state and territory operates individual workers' compensation schemes, which vary in their rates and coverage.

Annual vehicle registration fees are payable.

Local councils may levy rates on real property.

Customs and excise duties are payable on some goods.

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.

DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.