Document ID: chunk:federal_register_of_legislation:C2004A04052:schedule:29:p45
Version: federal_register_of_legislation:C2004A04052
Segment Type: schedule
Provision Reference: sch 29 (pt 45/64)
Character Range: 113036–115639

end of the year of income, residents of that State had any interest, whether vested or contingent, in that income and no person other than residents of that

 State could, by the exercise of a power conferred on any person, obtain such an interest.

ARTICLE 4

Residence

(1) For the purposes of this Agreement, a person is a resident of one of the Contracting States:

     (a) in the case of Australia, subject to the provisions of paragraph (2), if the person is a resident of Australia for the purposes of Australian tax; and

SCHEDULE 2—continued

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

(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 an individual is a resident of both Contracting States, then the status of that person shall be determined in accordance with the following rules:

     (a) the person shall be deemed to be a resident solely of the Contracting State in which a permanent home is available to the person;

     (b) if a permanent home is available to the person in both Contracting States, or in neither of them, the person shall be deemed to be a resident solely of the Contracting State in which the person has an habitual abode; and

     (c) if the person has an habitual abode in both Contracting States or does not have an habitual abode in either of them, the person shall be deemed to be a resident solely of the Contracting State with which the person's personal and economic relations are the closer.

(4) In determining for the purposes of paragraph (3) the Contracting State with which an individual's personal and economic relations are the closer, the matters to which regard may be had shall include the citizenship of the individual.

(5) Where by reason of the provisions of paragraph (1) a person other than an individual is a resident of both Contracting States, then the person's status shall be determined as follows:

     (a) it shall be deemed to be a resident of the Contracting State in which it is incorporated or otherwise constituted; and

     (b) if it is not incorporated or otherwise constituted in either of the Contracting States, it shall be deemed to be a resident of the Contracting State in which its place of effective management is situated.

ARTICLE 5

Permanent Establishment

(1) For the purposes of this Agreement, the term "permanent establishment" means a fixed place of