The Australian Taxation Office (ATO) issued Interpretative Decision ID 2006/120 explaining its understanding of the application of the Limitation of Benefits (LoB) article in the Australia-US tax treaty as amended by the protocol of 27 September 2001 (the tax treaty). The Decision appears to contradict the US Department of the Treasury technical explanation of the LoB article. Briefly, under Art. 16(1) of the tax treaty, the benefits of the treaty are only available to a qualified person, as defined in Art. 16(2). However, Art. 16(3) of the tax treaty also allows other persons to qualify for the treaty benefits, subject...