Australian Tax Treaties
Czech Agreement
AGREEMENT BETWEEN AUSTRALIA AND THE CZECH REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
ARTICLE 14
Independent Personal Services
1.
Income derived by an individual who is a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State unless such services are performed in the other Contracting State and:
(a) the individual is present in that other State for a period or periods exceeding in the aggregate 183 days within any 12 month period commencing or ending in the year of income of that other State; or
(b) a fixed base is regularly available to the individual in that other State for the purpose of performing the individual ' s activities, in which case so much of the income as is attributable to that fixed base may be taxed in that State.
2.
The term " professional services " includes services performed in the exercise of independent scientific, literary, artistic, educational or teaching activities as well as in the exercise of the independent activities of physicians, lawyers, engineers, architects, dentists and accountants.
The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the MLI) has modified the application of this tax treaty. A synthesised text of the MLI and this tax treaty is available to facilitate the understanding of how the MLI modifies this tax treaty.
Income derived by an individual who is a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State unless such services are performed in the other Contracting State and:
(a) the individual is present in that other State for a period or periods exceeding in the aggregate 183 days within any 12 month period commencing or ending in the year of income of that other State; or
(b) a fixed base is regularly available to the individual in that other State for the purpose of performing the individual ' s activities, in which case so much of the income as is attributable to that fixed base may be taxed in that State.
2.
The term " professional services " includes services performed in the exercise of independent scientific, literary, artistic, educational or teaching activities as well as in the exercise of the independent activities of physicians, lawyers, engineers, architects, dentists and accountants.
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