1.138 This article contains general coverage for excessive payments or interest credits where there is a particular relationship between persons involved in a loan transaction – limiting the amount at which the limitation of the country of origin`s tax requirement of the application of 10% is limited to an amount of interest that could have been agreed if the parties to the loan agreement had to make each other at the height of the hand. Any excess interest remains taxable under each country`s national law, but is subject to the other sections of the tax treaty. [Article 11, paragraph 8] 2.308 In accordance with the practice of the Treaty in Norway, paragraph 2 ensures that a double non-taxation is not created when income is not taxable in the country in which the diplomat or consular official is seconded because of tax privileges granted to diplomats and consular officials under general rules of international law or under international agreements. In these circumstances, paragraph 2 provides that the country whose representative is the diplomat or consular official has the right to tax those revenues. [Article 28, paragraph 2] 2.113 In accordance with the first paragraph, paragraph o) iii), Article 3 (General Definitions), it is anticipated that the competent authorities may agree that other scholarships constitute a recognized scholarship for the purposes of the contract. [Article 3, first paragraph, point o) ] 1.53 In accordance with paragraph 4, point (c), a business is considered a stable establishment if it has a stable establishment in a country that is available for rent or other purposes for more than six months, unless the aircraft is leased under a lease-sale. Under Australian law, the tenant is treated tax-ed as the owner of the rental property under a rental agreement (a lease agreement with certain options or rights to purchase the buyer). 1.213 Dividends and profits generated by a French company based in Australia and exempt from Australian tax as part of performance measures from abroad (e.g. B Sections 23AH and 23AJ of ITAA 1936) will continue to benefit from an Exemption from Australian Tax under these provisions.
Since there is no double taxation in these cases, the form of credit for decongestion is irrelevant. 1.227 Paragraph 3 of this article also allows the competent authorities to deal with cases of double taxation that are outside the scope of the Convention on France. [Article 24, paragraph 3] 1.208 However, it is necessary to impose a method of double taxation relief for other income categories that continue to be taxed in both countries in accordance with the provisions of the tax treaty. In accordance with international practice, Australian tax treaties provide for double tax relief by the country of residence of the insured as the basis of credit for the tax of the country of origin. This article also reflects this approach. 3.33 Updating the section on capital income tax duties would provide a guarantee to taxpayers and reduce the risk of double taxation. Australia`s home country, which imposes capital duties on real estate, land-rich businesses and assets that constitute commercial ownership of a stable establishment in Australia, would be maintained.