AUSTRALIAN TAX TREATIES

Aruban Agreement  

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE KINGDOM OF THE NETHERLANDS, IN RESPECT OF ARUBA, FOR THE ALLOCATION OF TAXING RIGHTS WITH RESPECT TO CERTAIN INCOME OF INDIVIDUALS AND TO ESTABLISH A MUTUAL AGREEMENT PROCEDURE IN RESPECT OF TRANSFER PRICING ADJUSTMENTS  

ARTICLE 4   Resident  

1.  
For the purposes of this Agreement, the term " resident of a Party " means:


(a) in the case of Australia, a person who is a resident of Australia for the purposes of Australian tax; and


(b) in the case of Aruba, a person who is a resident of Aruba for the purposes of Aruban tax.

2.  
A person is not a resident of a Party for the purposes of this Agreement if the person is liable to tax in that Party in respect only of income from sources in that Party.

3.  
Where by reason of the preceding provisions of this Article a person, being an individual, is a resident of both Parties, then the person ' s status shall be determined as follows:


(a) the individual shall be deemed to be a resident only of the Party in which a permanent home is available to that individual; if a permanent home is available in both Parties, or in neither of them, that individual shall be deemed to be a resident only of the Party with which the individual ' s personal and economic relations are closer (centre of vital interests);


(b) if the Party in which the individual has their centre of vital interests cannot be determined, the individual shall be deemed to be a resident only of the Party of which the individual is a national;


(c) if the individual is a national of both Parties or of neither of them, the competent authorities of the Parties shall endeavour to resolve the question by mutual agreement.

4.  
Where, by reason of paragraph 1, a person other than an individual is a resident of both Parties, then it shall be deemed to be a resident only of the Party in which its place of effective management is situated.


 

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