Document ID: chunk:federal_register_of_legislation:C2007A00146:schedule:25:p3
Version: federal_register_of_legislation:C2007A00146
Segment Type: schedule
Provision Reference: sch 25 (pt 3/27)
Character Range: 8272–11034

of any business;

        l) the term "international traffic" means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;

        m) the term "national", in relation to a Contracting State, means:

             (i) any individual possessing the nationality or citizenship of that Contracting State; and

             (ii) any company deriving its status as such from the laws in force in that Contracting State;

        n) the term "recognised stock exchange" means:

             (i) the Australian Stock Exchange and any other Australian stock exchange recognised as such under Australian law;

             (ii) the Helsinki Stock Exchange and any other Finnish stock exchange recognised as such under Finnish law; and

             (iii) any other stock exchange agreed upon by the competent authorities.

2. As regards the application of the Agreement at any time by a Contracting State, 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 State concerning the taxes to which the Agreement applies, any meaning under the applicable tax law of that State prevailing over a meaning given to the term under other law of that State.

ARTICLE 4

Residence

1. For the purposes of this Agreement, the term "resident of a Contracting State" 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 Finland, a person who is liable under the laws of Finland to tax therein by reason of the person's domicile, residence, place of management, place of incorporation (registration) or any other criterion of a similar nature.

The Government of a Contracting State or a political subdivision, local authority or statutory authority of that State is also a resident of that State for the purposes of the Agreement.

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

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

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