Document ID: chunk:federal_register_of_legislation:C2009A00105:schedule:48:p1
Version: federal_register_of_legislation:C2009A00105
Segment Type: schedule
Provision Reference: sch 48 (pt 1/4)
Character Range: 2174–5031

Schedule 48—The British Virgin Islands agreement
Note: See section 3.

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE BRITISH VIRGIN ISLANDS FOR THE ALLOCATION OF TAXING RIGHTS WITH RESPECT TO CERTAIN INCOME OF INDIVIDUALS
The Government of Australia and the Government of the British Virgin Islands ("the Contracting Parties"):
Recognising that the two Governments have concluded an Agreement for the Exchange of Information Relating to Taxes; and
Desiring to conclude an Agreement for the allocation of taxing rights with respect to certain income of individuals;
Have agreed as follows:
ARTICLE 1
persons covered
 This Agreement shall apply to persons who are residents of one or both of the Contracting Parties.
ARTICLE 2
Taxes covered
1 The existing taxes to which this Agreement shall apply are:
(a) in Australia, the income tax imposed under the federal law of Australia
 (hereinafter referred to as "Australian tax").
(b) in the British Virgin Islands, such taxes on income or profits as imposed by law (hereinafter referred to as "British Virgin Islands tax").
2 This Agreement shall also apply to any identical or substantially similar taxes which are imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes.  The competent authorities of the Contracting Parties shall notify each other within a reasonable period of time of any substantial changes to the taxation laws covered by this Agreement.
3 This Agreement shall not apply to taxes imposed by states, municipalities, local authorities or other political subdivisions, or possessions of a Contracting Party.
ARTICLE 3
Definitions
1 For the purposes of this Agreement, unless the context otherwise requires:
(a) the term "Australia", when used in a geographical sense, excludes all external territories other than:
(i) the Territory of Norfolk Island;
(ii) the Territory of Christmas Island;
(iii) the Territory of Cocos (Keeling) Islands;
(iv) the Territory of Ashmore and Cartier Islands;
(v) the Territory of Heard Island and McDonald Islands; and
(vi) the Coral Sea Islands Territory,
 and includes any area adjacent to the territorial limits of Australia (including only the Territories specified in this subparagraph) in respect of which there is for the time being in force, consistently with international law, a law of Australia dealing with the exploration for or exploitation of any of the natural resources of the exclusive economic zone and the seabed and subsoil of the continental shelf;
(b) the term "British Virgin Islands " means the territory of the Virgin Islands as referred to in the Virgin Islands Constitution Order 2007;
(c) the term "competent authority" means in the case of Australia, the Commissioner of Taxation or an authorised representative of the Commissioner and, in the case of the