Australian Tax Treaties
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 from real property may be taxed in the Contracting State in which the real property is situated.
2.
In this Article, the term " real property " :
(a) in the case of Australia, shall have the meaning which it has under the laws of Australia, and shall also include:
(i) a lease of land and any other interest in or over land;
(ii) a right to receive variable or fixed payments either as consideration for the exploitation of or the right to explore for or exploit, or in respect of the exploitation of, mineral deposits, oil or gas wells, quarries or other places of extraction or exploitation of natural resources;
(b) in the case of China, shall have the meaning which it has under the laws of China, and shall also include:
(i) property accessory to immovable property and livestock and equipment used in agriculture and forestry;
(ii) rights to which the provisions of the general law respecting landed property apply; and
(iii) usufruct of immovable property and rights to variable or fixed payments either as consideration for the exploitation of or the right to explore for or exploit, or in respect of the exploitation of, mineral deposits, sources and other natural resources; and
(c) shall not include ships or aircraft.
3.
Any interest, right or property referred to in any of the subparagraphs of paragraph (2) shall be regarded as situated where the land, mineral deposits, oil or gas wells, quarries or natural resources, as the case may be, are situated.
4.
The provisions of paragraph (1) shall apply to income 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 income from real property of an enterprise and to income from real property used for the performance of independent personal services.
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