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1ARTICLE 1 · Personal Scope2ARTICLE 2 · Taxes Covered3ARTICLE 3 · General Definitions4ARTICLE 4 · Resident5ARTICLE 5 · Permanent Establishment6ARTICLE 6 · Income from Real Property7ARTICLE 7 · Business Profits8ARTICLE 8 · Shipping and Air Transport9ARTICLE 9 · Associated Enterprises10ARTICLE 10 · Dividends11ARTICLE 11 · Interest12ARTICLE 12 · Royalties13ARTICLE 13 · Alienation of Property14ARTICLE 14 · Independent Personal Services15ARTICLE 15 · Dependent Personal Services16ARTICLE 16 · Directors’ Fees17ARTICLE 17 · Artistes and Athletes18ARTICLE 18 · Pensions19ARTICLE 19 · Government Service20ARTICLE 20 · Professors and Teachers21ARTICLE 21 · Students and Trainees22ARTICLE 22 · Other Income23ARTICLE 23 · Methods of Elimination of Double Taxation24ARTICLE 24 · Mutual Agreement Procedure25ARTICLE 25 · Exchange of Information26ARTICLE 26 · Diplomatic Agents and Consular Officers27ARTICLE 27 · Entry into Force28ARTICLE 28 · TerminationPublication heading and preamble · Publication heading and preambleSignature and concluding publication material · Signature and concluding publication material

28 articles · English

Source & edition
Country pairs / Australia / China

Australia / China · Australia–China 1988 income-tax Agreement

ARTICLE 3 · General Definitions

English · original source edition

Unreviewed · applicability unverifiedNamed schedule only · parent volume incomplete
Original & source
§
ARTICLE 3 General Definitions 1. In this Agreement, unless the context otherwise requires: (a) the term “Australia”, when used in a geographical sense, excludes all external territories other than: (i) the Territory of Norfolk Island; (ii) the Territory of Christmas Island; (iii) the Territory of Cocos (Keeling) Islands; (iv) the Territory of Ashmore and Cartier Islands; (v) the Territory of Heard Island and McDonald Islands; and (vi) the Coral Sea Islands Territory, and includes any area adjacent to the territorial limits of Australia (including the Territories specified in this sub‑paragraph) in respect of which there is for the time being in force, consistently with international law, a law of Australia dealing with the exploitation of any of the natural resources of the seabed and subsoil of the continental shelf; (b) the term “China” means the People’s Republic of China and, when used in a geographical sense, it means all the territory of the People’s Republic of China, including its territorial sea, in which the laws relating to Chinese tax apply, and any area beyond its territorial sea, within which the People’s Republic of China has sovereign rights of exploration for and exploitation of resources of the seabed and its subsoil and superjacent water resources in accordance with international law; (c) the terms “a Contracting State” and “the other Contracting State” mean, as the context requires, Australia or China, the Governments of which have concluded this Agreement; (d) the term “person” includes an individual, a company and any other body of persons; (e) the term “company” means any body corporate or any entity which is treated as a company or body corporate for tax purposes; (f) the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean, respectively, an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State, as the context requires; (g) the term “tax” means Australian tax or Chinese tax, as the context requires; (h) the term “Australian tax” means tax imposed by Australia, being tax to which this Agreement applies by virtue of Article 2; (i) the term “Chinese tax” means tax imposed by China, being tax to which this Agreement applies by virtue of Article 2; (j) the term “competent authority” means, in the case of Australia, the Commissioner of Taxation or an authorised representative of the Commissioner and, in the case of China, the State Taxation Administration or its authorised representative. 2. In this Agreement, the terms “Australian tax” and “Chinese tax” do not include any penalty or interest imposed under the law of either Contracting State relating to the taxes to which this Agreement applies by virtue of Article 2. 3. In the application of this Agreement by a Contracting State, any term not defined in this Agreement shall, unless the context otherwise requires, have the meaning which it has under the laws of that State from time to time in force relating to the taxes to which this Agreement applies.
Citation to select or copy

Australia / China; International Tax Agreements Act 1953, compilation prepared 25 March 2010, Schedule 28; source scope International Tax Agreements Act 1953, compilation prepared 25 March 2010, Schedule 28; edition Agreement signed 17 November 1988; 2010 statutory source edition; MLI modifications not incorporated; article 3; English; unreviewed source text, current applicability unverified; /editions/au-cn-1988-convention-official-schedule-v1/en/articles/article-3/

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Source & edition

International Tax Agreements Act 1953, compilation prepared 25 March 2010, Schedule 28

  • Official online text · named schedule Official source website ↗

    SHA-256 0e307be96cda43a5988a327d148e3838674162119c71060b976abd51f1da7099

    Digest scope: exact complete named published source-unit capture; not full statutory volume or PDF binary

Published source-unit scope

Complete Schedule28comprehensive1988income-tax Agreement, ending before Schedule29; not separate airline agreement Schedule26; parent2010volume incomplete.

Unit citation
International Tax Agreements Act 1953, compilation prepared 25 March 2010, Schedule 28
Selected source unit
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Parent statutory volume
Incomplete/truncated; not admitted as a complete volume
Scope admission
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Source-scope approval receipt · Retained parent transport capture (incomplete)

Source language clause (not a claim of supplied translations): DONE in duplicate at Canberra this 17th day of November One thousand nine hundred and eighty‑eight in the English and Chinese languages, both texts being equally authentic.

Edition
Agreement signed 17 November 1988; 2010 statutory source edition; MLI modifications not incorporated
Text available here
English
Review
Unreviewed; qualified human review pending
Current applicability
Not verified
Signature
1988-11-17

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

Edition notes and known limitations

Comprehensive income-tax Agreement, not the separately printed airline-profits agreement.

Source closing proves17November1988 signature; currentness and later MLI effects not independently certified.

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Only English manifestation supplied; no invented translation or cross-language alignment.

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