Document ID: chunk:federal_register_of_legislation:C2004A04052:schedule:29:p27
Version: federal_register_of_legislation:C2004A04052
Segment Type: schedule
Provision Reference: sch 29 (pt 27/64)
Character Range: 68544–71263

State in which that property is situated.

(2) For the purposes of this Article, the term "real property":

     (a) in the case of Australia, has the meaning which it has under the laws of Australia and shall include:

         (i) a lease of land and any other interest in or over land, whether improved or not; and

         (ii) a right to receive variable or fixed payments either as consideration for the working of or the right to work or explore for, or in respect of exploitation of, mineral

SCHEDULE 2—continued

         deposits, oil and gas wells, quarries or other places of extraction or exploitation of natural resources; and

     (b) in the case of Sri Lanka, means such property which, according to the laws of Sri Lanka, is immovable property and shall include:

       (i) property accessory to immovable property;

         (ii) rights to which the provisions of the general law respecting landed property apply; and

         (iii) usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, mineral sources and other natural resources.

Ships and aircraft shall not be regarded as real property.

(3) A lease of land, any other interest in or over land and any rights or property referred to in any of the sub-paragraphs of paragraph (2) shall be regarded as situated where the land, mineral deposits, mineral sources, oil or gas wells, quarries, natural resources or property, as the case may be, are situated.

(4) The provisions of paragraph (1) shall apply to income derived from the direct use, letting or use in any other form of real property.

(5) The provisions of paragraphs (1), (3) and (4) shall also apply to the income from real property of an enterprise and to income from real property used for the performance of independent personal services.

ARTICLE 7

Business Profits

(1) The profits of an enterprise of one of the Contracting States shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid the profits of the enterprise may be taxed in the other State, but only so much of them as is attributable to:

  (a) that permanent establishment; or

     (b) sales within that other Contracting State of goods or merchandise of the same or a similar kind as those sold, or other business activities of the same or a similar kind as those carried on, through that permanent establishment if the sales or the business activities had been made or carried on in that way with a view to avoiding taxation in that other State.

(2) Subject