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1ARTICLE 1 · Personal Scope2ARTICLE 2 · Taxes Covered3ARTICLE 3 · General Definitions4ARTICLE 4 · Residence5ARTICLE 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 · Limitation on Benefits17ARTICLE 17 · Entertainers18ARTICLE 18 · Pensions, Annuities, Alimony and Child Support19ARTICLE 19 · Governmental Remuneration20ARTICLE 20 · Students21ARTICLE 21 · Income Not Expressly Mentioned22ARTICLE 22 · Relief from Double Taxation23ARTICLE 23 · Non‑‑Discrimination24ARTICLE 24 · Mutual Agreement Procedure25ARTICLE 25 · Exchange of Information26ARTICLE 26 · Diplomatic and Consular Privileges27ARTICLE 27 · Miscellaneous28ARTICLE 28 · Entry into Force29ARTICLE 29 · TerminationOfficial schedule heading, note and treaty preamble · Official schedule heading, note and treaty preambleSigned closing and signatories · Signed closing and signatories

29 articles · English

Source & edition
Country pairs / Australia / United States

Australia / United States · Australia–United States 1982 convention

ARTICLE 3 · General Definitions

English · original source edition

Unreviewed · applicability unverifiedNamed schedule only · parent volume incomplete
Original & source
§
ARTICLE 3 General Definitions (1) For the purposes of this Convention, unless the context otherwise requires: (a) the term “person” includes an individual, an estate of a deceased individual, a trust, a partnership, a company and any other body of persons; (b) the term “company” means any body corporate or any entity which is treated as a company or body corporate for tax purposes; (c) the terms “enterprise of one of the Contracting States” and “enterprise of the other Contracting State” mean an enterprise carried on by a resident of Australia or an enterprise carried on by a resident of the United States, as the context requires; (d) the term “international traffic” means any transport by a ship or aircraft, except where such transport is solely between places within a Contracting State; (e) the term “competent authority” means: (i) in the case of the United States: the Secretary of the Treasury or his delegate; and (ii) in the case of Australia: the Commissioner of Taxation or his authorized representative; (f) the terms “Contracting State”, “one of the Contracting States” and “the other Contracting State” mean the United States or Australia, as the context requires; (g) (i) the term “United States corporation” means a corporation which, under United States law relating to United States tax, is a domestic corporation or an unincorporated entity treated as a domestic corporation, and which is not, under the law of Australia relating to Australian tax, a resident of Australia; and (ii) the term “Australian corporation” means a company, as defined under the law of Australia relating to Australian tax, which, under that law, is a resident of Australia, and which is not, under United States law relating to United States tax, a domestic corporation or an unincorporated entity treated as a domestic corporation; (h) the term “State” means any National State, whether or not one of the Contracting States; (i) the term “United States tax” means tax imposed by the United States to which this Convention applies by virtue of Article 2 (Taxes Covered) and the term “Australian tax” means tax imposed by Australia to which this Convention applies by virtue of Article 2 (Taxes Covered), but neither term includes any amount which represents a penalty or interest imposed under the law of either Contracting State relating to United States tax or Australian tax; (j) (i) the term “United States” means the United States of America; and (ii) when used in a geographical sense, the term “United States” means the states thereof and the District of Columbia and also includes: (A) the territorial waters thereof; and (B) the sea‑‑bed and subsoil of the submarine areas adjacent to the coast thereof, but beyond the territorial waters, over which the United States exercises rights, in accordance with international law, for the purposes of exploration for, or exploitation of, the natural resources of those areas; (k) the term “Australia” means the Commonwealth of Australia and, when used in a geographical sense, includes: (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 Coral Sea Islands Territory; and (vi) any area adjacent to the territorial limits of Australia or of the said Territories in respect of which there is for the time being in force, consistently with international law, a law of Australia or of a State or part of Australia or of a Territory aforesaid dealing with the exploitation of any of the natural resources of the sea‑‑bed and subsoil of the continental shelf; (l) the terms “resident of one of the Contracting States” and “resident of the other Contracting State” mean a resident of Australia or a resident of the United States, as the context requires. (2) As regards the application of this Convention by one of the Contracting States, any term not defined herein shall, unless the context otherwise requires, have the meaning which it has under the laws of that State relating to the taxes to which this Convention applies.
Citation to select or copy

Australia / United States; International Tax Agreements Act1953, historical compilationC2010C00250, Schedule2; source scope International Tax Agreements Act1953, historical compilationC2010C00250, Schedule2; edition Official historical statutory compilation11March2010, prepared25March2010; treaty text is separate from2001protocol; article 3; English; unreviewed source text, current applicability unverified; /editions/au-us-1982-convention-bounded/en/articles/article-3/

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International Tax Agreements Act1953, historical compilationC2010C00250, Schedule2

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Official historical statutory compilation11March2010, prepared25March2010; treaty text is separate from2001protocol
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English
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