Document ID: chunk:federal_register_of_legislation:C2004A01208:schedule:47:p24
Version: federal_register_of_legislation:C2004A01208
Segment Type: schedule
Provision Reference: sch 47 (pt 24/25)
Character Range: 147276–149896

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; and

        (c) the use of, or the right to use, some or all of the part of the spectrum specified in a spectrum licence.

(10) With reference to Article 14,

 Article 14 shall also apply to income derived by a company which is a resident of Australia from the furnishing of personal services through a fixed base in Mexico in accordance with subparagraph (a) of paragraph 1.  In that case, the company may compute the tax on the income from such services on a net basis as if that income were attributable to a permanent establishment in Mexico.

(11) In general,

        (a) It is understood that the asset tax imposed by Mexico shall not be applied to residents of Australia that are not subject to tax under Articles 5 and 7 of the Agreement, except for assets referred to in paragraphs 3 and 4 of Article 12 that are furnished by such residents to a resident of Mexico. In the case of assets referred to in paragraphs 3 and 4 of Article 12, Mexico shall grant a credit against the tax on such assets in an amount equal to the income tax that would have been imposed under the Mexican Income Tax Law on the royalties paid instead of the rate provided in Article 12.

        (b) If, in an Agreement for the avoidance of double taxation that may subsequently be made between Australia and a third State, there is included a Non‑discrimination Article, Australia shall immediately inform Mexico in writing through the diplomatic channel and shall enter into negotiations with Mexico in order to provide the same treatment for Mexico as may be provided for the third State.

        (c) If, an Agreement for the avoidance of double taxation that may subsequently be made between Australia and a third State, establishes that the Exchange of Information Article may be used for purposes of value added taxes imposed by the Contracting States, such clause automatically shall apply for the purposes of the Agreement.

 IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments have signed this Protocol.

 DONE in duplicate at Mexico City this ninth day of September 2002, in the Spanish and English languages, both texts being equally authentic.

FOR THE GOVERNMENT FOR THE GOVERNMENT
OF AUSTRALIA: OF THE UNITED MEXICAN STATES:

PETER COSTELLO   FRANCISCO GIL DIAZ
Treasurer Minister for Finance and Public Credit
[Signatures omitted]