Document ID: chunk:federal_register_of_legislation:C2004A00692:schedule:45:p1
Version: federal_register_of_legislation:C2004A00692
Segment Type: schedule
Provision Reference: sch 45 (pt 1/20)
Character Range: 2011–5040

Schedule 45—Romanian agreement

Note: See section 3.

AGREEMENT BETWEEN AUSTRALIA AND ROMANIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

AUSTRALIA AND ROMANIA,

DESIRING to conclude an Agreement for 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 Contracting States.

Article 2
Taxes covered

    1 This Agreement shall apply to the following existing taxes on income:

       (a) in Romania:

           (i) the tax on income derived by individuals;

           (ii) the tax on profit;

           (iii) the tax on salaries and other similar remuneration;

           (iv) the tax on dividends; and

           (v) the tax on agricultural income;

       (b) in Australia:

           (i) the income tax; and

           (ii) the resource rent tax in respect of offshore projects relating to exploration for or exploitation of petroleum resources,

       imposed under the federal law of Australia.

2 This Agreement shall also apply to any identical or substantially similar taxes which are imposed under the federal law of Australia or the law of Romania after the date of signature of this Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any substantial changes which have been made in the laws of their respective States relating to the taxes to which this Agreement applies within a reasonable period of time after those changes.

Article 3
General definitions

1 In this Agreement, unless the context otherwise requires:

       (a) the term "Romania" means the state territory of Romania, including its territorial sea and air space over the territory and the territorial sea over which Romania exercises sovereignty, as well as the contiguous zone and the continental shelf and the exclusive economic zone over which Romania exercises, in accordance with its legislation and with the rules and principles of international law, sovereign rights and jurisdiction;

       (b) 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 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 seabed and