AUSTRALIAN TAX TREATIES

Italian Convention  

CONVENTION BETWEEN AUSTRALIA AND THE REPUBLIC OF ITALY FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME  

CHAPTER II - DEFINITIONS  

ARTICLE 3   General Definitions  

(1)  
In this Convention, unless the context otherwise requires-


(a) the term "Australia" means the Commonwealth of Australia and, when used in a geographical sense, includes-


(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 Coral Sea Islands Territory; and

(vi) any area adjacent to the territorial limits of Australia or of the said Territories in respect of which there is for the time being in force a law of Australia or of a State or part of Australia or of a Territory aforesaid dealing with the exploitation of any of the natural resources of the sea-bed and subsoil of the continental shelf;


(b) the term "Italy" means the Republic of Italy and includes any area beyond the territorial waters of Italy which, in accordance with the laws of Italy concerning the exploration for and exploitation of natural resources, may be designated as an area within which the rights of Italy with respect to the sea-bed and subsoil and natural resources may be exercised;


(c) the terms "Contracting State", "one of the Contracting States" and "other Contracting State" mean Australia or Italy, as the context requires;


(d) the term "person" comprises an individual, a company and any other body of persons;


(e) the term "company" means any body corporate or any entity which is treated as a company or body corporate for tax purposes;


(f) the terms "enterprise of one of the Contracting States" and "enterprise of the other Contracting State" mean an enterprise carried on by a resident of Australia or an enterprise carried on by a resident of Italy, as the context requires;


(g) the term "tax" means Australian tax or Italian tax, as the context requires;


(h) the term "Australian tax" means tax imposed by Australia, being tax to which this Convention applies by virtue of Article 2;


(i) the term "Italian tax" means tax imposed by Italy, being tax to which this Convention applies by virtue of Article 2;


(j) the term "competent authority" means, in the case of Australia, the Commissioner of Taxation or his authorized representative, and in the case of Italy, the Ministry of Finance.

(2)  
In this Convention, the terms "Australian tax" and "Italian tax" do not include any penalty or interest imposed under the law of either Contracting State relating to the taxes to which this Convention applies by virtue of Article 2.

(3)  
In the application of this Convention by a Contracting State, any term not otherwise defined shall, unless the context otherwise requires, have the meaning which it has under the laws of that Contracting State relating to the taxes to which this Convention applies.




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