AUSTRALIAN TAX TREATIES
The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the MLI) has modified the application of this tax treaty. A synthesised text of the MLI and this tax treaty is available to facilitate the understanding of how the MLI modifies this tax treaty.
With reference generally to the application of the Convention (including these Notes), the Contracting States agree that:
(a) the term " income or gains " includes " profits " ;
(b) the term " laws " includes the full body of law, and is not limited to statutory law;
(c) the terms " paid or credited " and " payments or credits " shall not include the recording of internal transactions between a permanent establishment and another part of the same enterprise;
(d) the expression " any provision of the laws of a Contracting State which is designed to prevent the avoidance or evasion of taxes " includes:
(i) measures designed to address thin capitalisation, dividend stripping and transfer pricing;
(ii) controlled foreign company, transferor trust and foreign investment fund rules;
(iii) measures designed to ensure that taxes can be effectively recovered (conservancy measures); and
(e) nothing in the Convention shall be construed as restricting, in any manner, the application of any provision of the laws of a Contracting State which is designed to prevent the avoidance or evasion of taxes.
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