AUSTRALIAN TAX TREATIES

Spanish Agreement  

AGREEMENT BETWEEN AUSTRALIA AND THE KINGDOM OF SPAIN 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 " 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 subparagraphs (i) to (vi) inclusive) 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 and superjacent waters;


(b) the term " Spain " means the Spanish State and, when used geographically, means the territory of the Spanish State including any area outside the territorial sea in which, in accordance with international law and domestic legislation, the Spanish State may exercise jurisdiction or sovereign rights with respect to the seabed, its subsoil and superjacent waters and their natural resources;


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


(d) the term " person " includes 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 " means an enterprise carried on by a resident of Australia or an enterprise carried on by a resident of Spain, as the context requires;


(g) the term " tax " means Australian tax or Spanish 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 " Spanish tax " means tax imposed by Spain, being tax to which this Agreement applies by virtue of Article 2;


(j) the term " competent authority " means:


(i) in the case of Australia, the Commissioner of Taxation or an authorised representative of the Commissioner; and

(ii) in the case of Spain, the Minister of Economy and Finance or an authorised representative of the Minister.

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

(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 State in force relating to the taxes to which this Agreement applies, at the time of the application.




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