Australian Tax Treaties
Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State.
2.
The term " immovable 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) property accessory to immovable property;
b) livestock and equipment used in agriculture and forestry;
c) rights to which the provisions of general law respecting landed property apply;
d) usufruct of immovable property, including a lease of land and any other interest in or over land, whether improved or not;
e) a right to explore for mineral, oil or gas deposits or other natural resources, and a right to mine those deposits or resources;
f) a right 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; and
g) any option or similar right to acquire immovable property.
Ships and aircraft shall not be regarded as immovable 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 immovable property.
5.
The provisions of paragraphs 1, 3 and 4 shall also apply to the income from immovable property of an enterprise.
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