Document ID: chunk:federal_register_of_legislation:C2004A00987:schedule:46:p10
Version: federal_register_of_legislation:C2004A00987
Segment Type: schedule
Provision Reference: sch 46 (pt 10/21)
Character Range: 24613–27389

might reasonably have been expected to have been agreed upon by the payer and the person so entitled in the absence of that relationship, the provisions of this Article shall apply only to the lastmentioned amount. In that case the excess part of the amount of the interest paid shall remain taxable according to the law of each Contracting State, due regard being had to the other provisions of this Agreement.

Article 12
Royalties

1 Royalties arising in a Contracting State, being royalties to which a resident of the other Contracting State is beneficially entitled, may be taxed in that other State.

2 However, those royalties may also be taxed in the Contracting State in which they arise, and according to the law of that State, but the tax so charged shall not exceed 10 per cent of the gross amount of the royalties.

3 The term "royalties" in this Article means amounts paid or credited as due and payable, whether periodical or not, and however described or computed, to the extent to which they are made as consideration for:

       (a) the use of, or the right to use, any copyright, patent, design or model, plan, secret formula or process, trademark or other like property or right; or

       (b) the use of, or the right to use, any industrial, commercial or scientific equipment; or

       (c) the supply of scientific, technical, industrial or commercial knowledge or information; or

       (d) the supply of any assistance that is incidental, ancillary and subsidiary to, and is furnished as a means of enabling the application or enjoyment of, any such property or right as is mentioned in subparagraph (a), any such equipment as is mentioned in subparagraph (b) or any such knowledge or information as is mentioned in subparagraph (c); or

       (e) the use of, or the right to use:

           (i) motion picture films; or

           (ii) films or video tapes for use in connection with television; or

           (iii) tapes for use in connection with radio broadcasting; or

       (f) the reception of, or the right to receive, visual images or sounds, or both, transmitted to the public by:

           (i) satellite; or

           (ii) cable, optic fibre or similar technology; or

       (g) the use in connection with television broadcasting or radio broadcasting, or the right to use in connection with television broadcasting or radio broadcasting, visual images or sounds, or both, transmitted by:

           (i) satellite; or

           (ii) cable, optic fibre or similar technology; or

       (h) the use of, or the right to use, some or all of the part of the radiofrequency spectrum specified in a relevant licence; or

       (i) total or partial forbearance in respect of the use or supply of any property or right referred to