Australian Tax Treaties
Japanese Convention
CONVENTION BETWEEN AUSTRALIA AND JAPAN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
ARTICLE 6
Income from Real Property
(1)
Income derived by a resident of a Contracting State from real property situated in the other Contracting State may be taxed in that other Contracting State.
(2)
The term " real property " shall have the meaning which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include:
(a) a lease of land and any other interest in or over land, whether improved or not;
(b) property accessory to real property;
(c) rights to which the provisions of general law respecting landed property apply;
(d) usufruct of real property;
(e) rights to explore for mineral, oil or gas deposits or other natural resources, and a right to work those deposits or resources; and
(f) rights to receive variable or fixed payments either as consideration for or in respect of the exploitation of, or the right to explore for or exploit, mineral, oil or gas deposits, quarries or other places of extraction or exploitation of natural resources.
(3)
Any interest or right referred to in paragraph 2 shall be regarded as situated where the land, mineral, oil or gas deposits, quarries or natural resources, as the case may be, are situated or where the exploration may take place.
(4)
The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of real property.
(5)
The provisions of paragraphs 1, 3 and 4 shall also apply to the income from real property of an enterprise.
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 a resident of a Contracting State from real property situated in the other Contracting State may be taxed in that other Contracting State.
(2)
The term " real property " shall have the meaning which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include:
(a) a lease of land and any other interest in or over land, whether improved or not;
(b) property accessory to real property;
(c) rights to which the provisions of general law respecting landed property apply;
(d) usufruct of real property;
(e) rights to explore for mineral, oil or gas deposits or other natural resources, and a right to work those deposits or resources; and
(f) rights to receive variable or fixed payments either as consideration for or in respect of the exploitation of, or the right to explore for or exploit, mineral, oil or gas deposits, quarries or other places of extraction or exploitation of natural resources.
Ships and aircraft shall not be regarded as real property.
(3)
Any interest or right referred to in paragraph 2 shall be regarded as situated where the land, mineral, oil or gas deposits, quarries or natural resources, as the case may be, are situated or where the exploration may take place.
(4)
The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of real property.
(5)
The provisions of paragraphs 1, 3 and 4 shall also apply to the income from real property of an enterprise.
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