AUSTRALIAN TAX TREATIES

Turkish Convention  

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

ARTICLE 6   Income from Real Property  

1.  
Income from real property (including income from agricultural, pastoral or forestry activities on that real property) may be taxed in the Contracting State in which the real property is situated.

2.  
In this Article, the term " real property " :


(a) in the case of Australia, has the meaning which it has under the law of Australia and includes:


(i) a lease of land and any other interest in or over land, whether improved or not, including a right to explore for mineral, oil or gas deposits or other natural resources, and a right to mine those deposits or resources; and

(ii) a right to receive variable or fixed payments either as consideration for or in respect of the exploitation of, or the right to explore for or exploit, mineral, oil or gas deposits, quarries or other places of extraction or exploitation of natural resources;


(b) in the case of Turkey, means property which according to the laws of Turkey is immovable property, and includes:


(i) property accessory to immovable property;

(ii) livestock and equipment used in agriculture and forestry (including the breeding and cultivation of fish);

(iii) rights to which the provisions of general law respecting landed property apply; and

(iv) usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources;


(c) does not include ships, boats and aircraft.

3.  
Any interest or right referred to in paragraph 2 shall be regarded as situated where the land, mineral, oil or gas deposits, quarries, natural resources, immovable property, landed property or sources, as the case may be, are situated or where the exploration may take place.

4.  
The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of real property.

5.  
The provisions of paragraphs 1, 3, and 4 shall also apply to income from real property of an enterprise and to income from real property used for the performance of independent personal services.




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