Document ID: chunk:federal_register_of_legislation:C2024C00814:schedule:1:p1
Version: federal_register_of_legislation:C2024C00814
Segment Type: schedule
Provision Reference: sch 1 (pt 1/31)
Character Range: 85954–88838

Schedule 1—Taipei agreement

AGREEMENT BETWEEN

THE AUSTRALIAN COMMERCE AND INDUSTRY OFFICE

AND

THE TAIPEI ECONOMIC AND CULTURAL OFFICE

CONCERNING THE AVOIDANCE OF DOUBLE TAXATION

AND

THE PREVENTION OF FISCAL EVASION

WITH RESPECT TO TAXES ON INCOME

THE AUSTRALIAN COMMERCE AND INDUSTRY OFFICE AND THE TAIPEI ECONOMIC AND CULTURAL OFFICE,

DESIRING to conclude an agreement concerning the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income,

HAVE AGREED as follows:

Article 1
Personal scope

This Agreement shall apply to persons who are residents of one or both of the territories.

Article 2
Taxes covered

1. The existing taxes to which this Agreement shall apply are:
         (a) in the territory in which the taxation law administered by the Australian Taxation Office is applied:
          the income tax, and the resource rent tax in respect of offshore projects relating to exploration for or exploitation of petroleum resources, imposed under that law;
         (b) in the territory in which the taxation law administered by the Department of Taxation, Ministry of Finance, Taipei is applied:
          the profit seeking enterprise income tax and the individual consolidated income tax, imposed under that law.

2. This Agreement shall apply also to any identical or substantially similar taxes on income, profits or gains which are imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes. The competent authorities will notify each other as soon as practicable of any substantial changes which have been made in the taxation laws of their respective territories.

Article 3
General definitions

1. In this Agreement, unless the context otherwise requires:
         (a) the term "territory" means the territory referred to in subparagraph 1(a) or 1(b) of Article 2, as the case requires;
         (b) the term "person" includes an individual, a company and any other body of persons;
         (c) the term "company" means any body corporate or any entity which is treated as a company or body corporate for tax purposes;
         (d) the terms "enterprise of a territory" and "enterprise of the other territory" mean respectively an enterprise carried on by a resident of a territory or an enterprise carried on by a resident of the other territory, as the context requires;
         (e) the term "tax" means tax imposed under the law of a territory, being a tax to which this Agreement applies by virtue of Article 2, but does not include any penalty or interest imposed under that law;
         (f) the term "competent authority" means, in the case of the territory in which the taxation law administered by the Australian Taxation Office is applied, the Commissioner of Taxation or an authorised representative of the Commissioner and, in the case of the