AUSTRALIAN TAX TREATIES

German Agreement  

AGREEMENT BETWEEN AUSTRALIA AND THE FEDERAL REPUBLIC OF GERMANY FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL AND THE PREVENTION OF FISCAL EVASION AND AVOIDANCE  

ARTICLE 6   Income from Immovable Property  

1  
Income derived by a resident of a Contracting State from immovable property (including from agriculture or forestry) situated in the other Contracting State may be taxed in that other Contracting State.

2  
The term " immovable property " shall have the meaning which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include:


(a) a lease of land or any other interest in or over land;


(b) property accessory to immovable property;


(c) livestock and equipment used in agriculture and forestry;


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


(e) usufruct of immovable property;


(f) a right to explore for mineral, oil or gas deposits or other natural resources, and a right to mine those deposits or resources; and


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

Ships and aircraft shall not be regarded as immovable property.

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

5  
The provisions of paragraphs 1 , 3 and 4 shall also apply to income from immovable property of an enterprise.




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