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AU Guidance · ATO ·

ATO responds to PepsiCo ruling on embedded royalties

Summary

After the High Court held 4:3 in Commissioner of Taxation v PepsiCo [2025] HCA 30 that no royalty withholding tax or diverted profits tax applied, the ATO's decision impact statement says it still considers that royalties can be embedded in payments for goods or services and will keep scrutinising related-party arrangements.

What it means for you

Distribution and franchise payments by Australian entities to related IP owners remain an audit focus.

Read the original source

This summary is general information, not legal advice. The outcome of any case depends on its facts; read the source and take advice before acting.

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