Document ID: chunk:federal_register_of_legislation:C2004A01208:schedule:1:p1
Version: federal_register_of_legislation:C2004A01208
Segment Type: schedule
Provision Reference: sch 1 (pt 1/12)
Character Range: 5313–8334

Schedule 1—2003 United Kingdom convention and notes

Note: See section 3.

CONVENTION BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL GAINS

 The Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland,

 Desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital gains,

 Have agreed as follows:

ARTICLE 1

Persons covered

 This Convention shall apply to persons who are residents of one or both of the Contracting States.

ARTICLE 2

Taxes covered

1 The existing taxes to which this Convention shall apply are:

        (a) in the case of the United Kingdom:

                (i) the income tax;

                (ii) the corporation tax; and

                (iii) the capital gains tax;

        (b) in the case of Australia:

       the income tax, the resource rent tax in respect of offshore projects relating to exploration for or exploitation of petroleum resources, and the fringe benefits tax, imposed under the federal law of Australia.

2 This Convention shall also apply to any identical or substantially similar taxes which are imposed under the federal law of Australia or the law of the United Kingdom after the date of signature of this Convention 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 that have been made in the law of their respective States relating to the taxes to which this Convention applies within a reasonable period of time after those changes.

ARTICLE 3

General definitions

1 For the purposes of this Convention, unless the context otherwise requires:

       (a)        the term "United Kingdom" means Great Britain and Northern Ireland, including any area outside the territorial sea of the United Kingdom which in accordance with international law has been or may hereafter be designated, under the laws of the United Kingdom concerning the Continental Shelf, as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;

       (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