Document ID: chunk:federal_register_of_legislation:C2007A00136:schedule:23:p22
Version: federal_register_of_legislation:C2007A00136
Segment Type: schedule
Provision Reference: sch 23 (pt 22/27)
Character Range: 127145–129987

relation to dividends paid by a company that is a resident of that State for purposes of its tax; or

         (e) provides deductions to eligible taxpayers for expenditure on research and development; or

         (f) is otherwise agreed to be unaffected by this Article in an Exchange of Notes between the Contracting States.

7 In this Article, provisions of the law of a Contracting State which are designed to prevent avoidance or evasion of taxes include:

         (a) measures designed to address thin capitalisation, dividend stripping and transfer pricing;

         (b) controlled foreign company, transferor trusts and foreign investment fund rules; and

         (c) measures designed to ensure that taxes can be effectively collected and recovered, including conservancy measures.

ARTICLE 25

Mutual Agreement Procedure

1 Where a person considers that the actions of one or both of the Contracting States result or will result for the person in taxation not in accordance with this Convention, the person may, irrespective of the remedies provided by the domestic law of those States concerning taxes to which this Convention applies, present a case to the competent authority of the Contracting State of which the person is a resident or, if the case comes under paragraph 1 of Article 24, to that of the Contracting State of which the person is a national.  The case must be presented within 3 years from the first notification of the action resulting in taxation not in accordance with this Convention.

2 The competent authority shall endeavour, if the claim appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with this Convention.  The solution so reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States.

3 The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of this Convention.  They may also consult together for the elimination of double taxation in cases not provided for in this Convention.

4 The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs.

5 For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of this Convention may be brought before the Council for Trade in Services, as provided by