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17 articles · English

Source & edition
Country pairs / Australia / Canada

Australia / Canada · Australia–Canada 2002 amending Protocol

ARTICLE 11 ·

English · amending protocol

Unreviewed · applicability unverifiedNamed schedule only · parent volume incomplete
Original & source
§
ARTICLE 11 Article 13 of the Convention shall be deleted and replaced by the following: “Article 13 Alienation of Property (1) Income, profits or gains derived by a resident of a Contracting State from the alienation of real property situated in the other Contracting State may be taxed in that other State. (2) Income, profits or gains from the alienation of property, other than real property, that forms part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or pertains to a fixed base available in that other State to a resident of the first‑mentioned State for the purpose of performing independent personal services, including income, profits or gains from the alienation of that permanent establishment (alone or with the whole enterprise) or of that fixed base, may be taxed in that other State. (3) Income, profits or gains from the alienation of ships or aircraft operated in international traffic, or of property, other than real property, pertaining to the operation of those ships or aircraft, shall be taxable only in the Contracting State of which the enterprise alienating such ships, aircraft, or other property is a resident. (4) Income, profits or gains derived by a resident of a Contracting State from the alienation of any shares or other interests in a company, or of an interest of any kind in a partnership, trust or other entity, where the value of the assets of such entity is derived principally, whether directly or indirectly (including through one or more interposed entities, such as, for example, through a chain of companies), from real property situated in the other Contracting State, may be taxed in that other State. (5) Nothing in this Convention shall affect the application of a law of a Contracting State relating to the taxation of gains of a capital nature derived from the alienation of any property other than that to which any of the preceding paragraphs of this Article apply. (6) Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first‑mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for the purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, disposed of and re‑acquired the property for an amount equal to its fair market value at that time.”.
Citation to select or copy

Australia / Canada; International Tax Agreements Act 1953, compilation prepared 25 March 2010, Schedule 3A; source scope International Tax Agreements Act 1953, compilation prepared 25 March 2010, Schedule 3A; edition Protocol signed 23 January 2002; separate statutory source edition, not applied to base Convention; article 11; English; unreviewed source text, current applicability unverified; /editions/au-ca-2002-protocol-official-schedule-v1/en/articles/article-11/

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Source & edition

International Tax Agreements Act 1953, compilation prepared 25 March 2010, Schedule 3A

  • Official online text · named schedule Official source website ↗

    SHA-256 db235f41b19825e96acd8ae62bd329b853ab3814c969cb4cf8ea623553a518c4

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Published source-unit scope

Complete Schedule3A2002amending Protocol, ending before Schedule4; parent2010volume incomplete.

Unit citation
International Tax Agreements Act 1953, compilation prepared 25 March 2010, Schedule 3A
Selected source unit
Complete named published schedule; exact retained-source slice
Parent statutory volume
Incomplete/truncated; not admitted as a complete volume
Scope admission
Approved for noindex source-unit research preview; not a legal/currentness review

Source-scope approval receipt · Retained parent transport capture (incomplete)

Source language clause (not a claim of supplied translations): DONE at Canberra, this twenty‑third day of January 2002, in the English and French languages, the two versions being equally authentic.

Edition
Protocol signed 23 January 2002; separate statutory source edition, not applied to base Convention
Text available here
English
Review
Unreviewed; qualified human review pending
Current applicability
Not verified
Signature
2002-01-23

Languages recorded in source metadata: English. This is not a promise of available text or a translation.

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Amending Protocol is separate from the1980 Convention and is not a new treaty pair.

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