Meaning of double tax country
43 Meaning of double tax country
If a double tax agreement includes provisions that have the force of law because of the International Tax Agreements Act 1953, and relate to a withholding payment:
on income derived by a non‑resident on or after a particular day; or
in respect of dividends derived on or after a particular day;
the other party to the agreement is a double tax country on and after that day.
If a double tax agreement, not being an agreement to which subsection (1) applies, includes a provision that has the force of law because of the International Tax Agreements Act 1953, and limits the amount of Australian tax payable in respect of a dividend, the other party to the agreement is a double tax country.
The Netherlands, as defined in Article 3 of the Netherlands agreement referred to in the International Tax Agreements Act 1953, is a double tax country for this Division.
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