AUSTRALIAN TAX TREATIES

Thai Agreement  

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

ARTICLE 3   General Definitions  

1.  
In this Agreement, unless the context otherwise requires -


(a) the term " Thailand " means the Kingdom of Thailand and includes any area adjacent to the territorial waters of the Kingdom of Thailand which by Thai legislation, and in accordance with international law, has been or may hereafter be designated as an area within which the rights of the Kingdom of Thailand 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 or of the said Territories in respect of which there is for the time being in force, consistently with international law, a law of Australia dealing with the exploitation of any of the natural resources of the seabed and subsoil of the continental shelf;


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


(d) the term " person " includes an individual, an estate, a company and any other body of persons which is treated as an entity for tax purposes;


(e) the term " company " means any body corporate or any entity which is treated as a body corporate or company under the taxation laws of the respective Contracting States;


(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 Thailand, as the context requires;


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


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


(i) the term " Thai tax " means tax imposed by Thailand, being tax to which this Agreement applies by virtue of Article 2;


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

2.  
In this Agreement, in relation to the taxes to which this Agreement applies by virtue of Article 2, the term " Australian tax " does not include any penalty or interest imposed under the law of Australia and the term " Thai tax " does not include any surcharge for late payment or any penalty imposed under the law of Thailand.

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

4.  
Where under this Agreement income is relieved from tax in one of the Contracting States and, under the law in force in the other Contracting State a person, in respect of the said income, is subject to tax by reference to the amount thereof which is remitted to or received in that other State and not by reference to the full amount thereof, then the relief to be allowed under this Agreement in the firstmentioned State shall apply only to so much of the income as is remitted to or received in the other State.




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