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News & Insights

Australian Software Royalty Ruling Runs Counter to International Tax Norms

September 8, 2026


WASHINGTON, D.C. – National Foreign Trade Council (NFTC) Vice President for International Tax Policy Anne Gordon issued a statement following the Australian government’s decision to finalize the Software Royalty Ruling (TR 2026/2):

“We are extremely concerned that the Australian Taxation Office (ATO) has decided to double down on its unprincipled approach to routine business transactions. This guidance continues to run counter to international tax norms, including unilaterally reinterpreting the U.S.- Australia Tax Treaty.

“Moving forward with this ruling ignores recent Australian case law and further erodes investor confidence as well as the overall business climate in the country.

“Given widespread pushback and the litany of issues, we urge the ATO to reconsider this approach.”

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About the NFTC
The National Foreign Trade Council (NFTC) is the premier business association advancing trade, tax, national security, and supply chain policies that support access to the global marketplace. Founded in 1914, NFTC promotes an open, rules-based global economy on behalf of a diverse membership of U.S.-based businesses, who account for over $6 trillion in revenue and employ nearly 6 million people in the United States.

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