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1Article 1 · Persons Covered2Article 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 · Income from Employment15Article 15 · fringe benefits16Article 16 · Directors’ Fees17Article 17 · Entertainers and Sportspersons18Article 18 · PENSIONS19Article 19 · Government Service20Article 20 · Students21Article 21 · Other Income22Article 22 · Source of Income23Article 23 · elimination of Double Taxation24Article 24 · Non‑discrimination25Article 25 · Mutual Agreement Procedure26Article 26 · Exchange of Information27Article 27 · Assistance in the Collection of Taxes28Article 28 · Members of Diplomatic Missions and Consular Posts29Article 29 · MISCELLANEOUS30Article 30 · Entry into Force31Article 31 · TerminationPublication heading and preamble · Publication heading and preambleSignature and concluding publication material · Signature and concluding publication material

31 articles · English

Source & edition
Country pairs / Australia / New Zealand

Australia / New Zealand · Australia–New Zealand 2009 Convention

Article 3 · General Definitions

English · original source edition

Unreviewed · applicability unverified
Original & source
§
Article 3 General Definitions 1. For the purposes of this Convention, 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 subparagraph) in respect of which there is for the time being in force, consistently with international law, a law of Australia dealing with the exploration for or exploitation of any of the natural resources of the exclusive economic zone or the seabed and subsoil of the continental shelf; b) the term “New Zealand” means the territory of New Zealand but does not include Tokelau; it also includes any area beyond the territorial sea designated under New Zealand legislation and in accordance with international law as an area in which New Zealand may exercise sovereign rights with respect to natural resources; c) the term “business” includes the performance of professional services and of other activities of an independent character; d) the term “company” means any body corporate or any entity that is treated as a body corporate for tax purposes; e) 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 New Zealand, the Commissioner of Inland Revenue or an authorised representative of the Commissioner; f) the term “enterprise” applies to the carrying on of any business; g) 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; h) the term “international traffic” means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State; i) the term “national”, in relation to a Contracting State, means: (i) any individual possessing the nationality or citizenship of that Contracting State; and (ii) any company, partnership or association deriving its status as such from the laws in force in that Contracting State; j) the term “person” includes an individual, a trust, a partnership, a company and any other body of persons; k) the term “tax” means Australian tax or New Zealand tax as the context requires, but does not include any penalty or interest imposed under the law of either Contracting State relating to its tax; l) the term “recognised stock exchange” means: (i) the Australian Securities Exchange and any other Australian stock exchange recognised as such under Australian law; (ii) the securities markets (other than the New Zealand Debt Market) operated by the New Zealand Exchange Limited; and (iii) any other stock exchange agreed upon by the competent authorities; and m) the term “managed investment trust” means a trust that is a managed investment trust for the purposes of Australian tax. 2. For the purposes of Articles 5 and 6, the term “natural resources” means naturally‑occurring deposits or sources of materials and substances, such as minerals, oils, gas and water. The term also includes naturally‑occurring forests and fish. 3. As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the laws of that State concerning the taxes to which the Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State. 4. For the purposes of Articles 10, 11 and 12, dividends, interest or royalties arising in a Contracting State and derived by or through a trust shall be deemed to be beneficially owned by a resident of the other Contracting State where such income is subject to tax in that other State in the hands of a trustee of that trust.
Citation to select or copy

Australia / New Zealand; International Tax Agreements Amendment Act (No. 1) 2010, No. 13 of 2010, Schedule 1 item 18 (inserted Schedule 4); source scope International Tax Agreements Amendment Act (No. 1) 2010, No. 13 of 2010, Schedule 1 item 18 (inserted Schedule 4); edition 2009 Convention, signed 26 June 2009; printed in as-made Act No. 13 of 2010 (assented to 11 March 2010); MLI modifications not incorporated; article 3; English; unreviewed source text, current applicability unverified; /editions/au-nz-2009-convention-official-schedule-v1/en/articles/article-3/

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Source & edition

International Tax Agreements Amendment Act (No. 1) 2010, No. 13 of 2010, Schedule 1 item 18 (inserted Schedule 4)

  • Official online text · named schedule Official source website ↗

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Published source-unit scope

Complete 2009 New Zealand convention inserted as Schedule4 by item18; ends before item19 and unrelated Belgian protocol. Entire parent amending Act HTML extraction also retained complete.

Unit citation
International Tax Agreements Amendment Act (No. 1) 2010, No. 13 of 2010, Schedule 1 item 18 (inserted Schedule 4)
Selected source unit
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Source language clause (not a claim of supplied translations): DONE at Paris this 26th day of June 2009, in duplicate in the English language.

Edition
2009 Convention, signed 26 June 2009; printed in as-made Act No. 13 of 2010 (assented to 11 March 2010); MLI modifications not incorporated
Text available here
English
Review
Unreviewed; qualified human review pending
Current applicability
Not verified
Signature
2009-06-26

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

Edition notes and known limitations

This is the 2009 convention, not the terminated1995 predecessor.

Later MLI modifications are not incorporated into this source edition.

Original New Zealand legislation public TOC/whole HTML returned no extractable content; this is the complete Australian government statutory publication of the same2009 Convention.

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