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.
Income from real property may be taxed in the Contracting State where such property is situated. 2
In this Article, the term " real property " :
(a) for Australia, has the meaning which it has under the law of Australia, and includes:
(i) 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) for Russia, means immovable property according to the law of Russia, and includes:
(i) property accessory to immovable property; and
(ii) rights known as usufruct of immovable property; and
(iii) rights to which the provisions of the law respecting landed property apply; and
(iv) 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; and
(c) for both Contracting States 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 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 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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