Document ID: chunk:federal_register_of_legislation:C2010A00013:schedule:50:p2
Version: federal_register_of_legislation:C2010A00013
Segment Type: schedule
Provision Reference: sch 50 (pt 2/5)
Character Range: 90742–93379

of Australia, the Commissioner of Taxation or an authorised representative of the Commissioner and, in the case of Jersey, the Treasury and Resources Minister or an authorised representative of the Minister;

       (d) "Party" means Australia or Jersey, as the context requires;

       (e) "national", in relation to a Party, means any individual possessing the nationality or citizenship of that Party;

       (f) "person" includes an individual, a company and any other body of persons;

       (g) "tax" means Australian tax or Jersey tax, as the context requires; and

       (h) "transfer pricing adjustment" means an adjustment made by the competent authority of a Party to the profits of an enterprise as a result of applying the domestic law concerning taxes referred to in Article 2 of that Party regarding transfer pricing.

2 As regards the application of this Agreement at any time by a Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Party, for the purposes of the taxes to which this Agreement applies, with any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.

ARTICLE 4
RESIDENT

1 For the purposes of this Agreement, the term "resident of a Party" means:

       (a) in the case of Australia, a person who is a resident of Australia for the purposes of Australian tax; and

       (b) in the case of Jersey, a person who is a resident of Jersey for the purposes of Jersey tax.

2 A person is not a resident of a Party for the purposes of this Agreement if the person is liable to tax in that Party in respect only of income from sources in that Party.

3 Where by reason of the preceding provisions of this Article a person, being an individual, is a resident of both Parties, then the person's status shall be determined as follows:

       (a) the individual shall be deemed to be a resident only of the Party in which a permanent home is available to that individual; if a permanent home is available in both Parties, or in neither of them, that individual shall be deemed to be a resident only of the Party with which the individual's personal and economic relations are closer (centre of vital interests);

       (b) if the Party in which the individual has their centre of vital interests cannot be determined, the individual shall be deemed to be a resident only of the Party of which the individual is a national;

       (c) if the individual is a national of both Parties or of neither of them, the competent authorities of the