ARTICLE 6
INCOME FROM REAL PROPERTY 1. Income from real property may be taxed in the Contracting State in which the real property is situated. 2. In this Article, the term "real property": (a) in the case of Australia, has the meaning which it has under the laws
of Australia, and shall also include: (i) a lease of land and any other interest in or over land, whether improved
or not; and (ii) a right to receive variable or fixed payments as consideration for the
exploitation of or the right to explore for or exploit, or in respect of the
exploitation of, mineral deposits, oil or gas wells, quarries or other
places of extraction or exploitation of natural resources; and (b) in the case of Thailand, means immovable property according to the laws of
Thailand, and shall also include: (i) property accessory to immovable property: (ii) rights to which the provisions of the general law respecting landed
property apply: (iii) usufruct of immovable property; and (iv) a right to receive variable or fixed payments as consideration for the
exploitation of or the right to explore for or exploit, or in respect of the
exploitation of , mineral deposits, oil or gas wells, quarries or other places of
extraction or exploitation of natural resources. 3. A lease of land, any other interest in or over land and any right referred to in any of the subparagraphs of paragraph 2, shall be regarded as situated where the land, mineral deposits, oil or gas well , quarries or natural resources, as the case may be, are situated, or where the exploration may take place. ships, boats and aircraft shall not be regarded as real property. 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 the income from real property of an enterprise and to income from real property used for the performance of professional services. ARTICLE 7
BUSINESS PROFITS 1. The Profits of an enterprise of one of the Contracting States shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid the profits of the enterprise may be taxed in the other State, but only so much of them as is attributable to: (a) that permanent establishment; or (b) sales within that other Contracting State of goods or merchandise of the
same or a similar kind as those sold, or other business activities of the same
or a similar kind as those carried on, through that permanent establishment
if the sale or the business activities had been made or carried on in that way
with a view to avoiding taxation in that other State. 2. Subject to the provisions of paragraph 3, where an enterprise of one of the Contracting States carried on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment or with other enterprises with which it deals. 3. In the determination of the profits of a permanent establishment, there shall be allowed as deductions expenses of the enterprise, being expenses which are incurred for the purposes of the permanent establishment (including executive and general administrative expenses so incurred) and which would be deductible if the permanent establishment were an independent entity which paid those expenses, whether incurred in the Contracting State in which the permanent establishment is situated or elsewhere. 4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 5. If the information available to the taxation authority of a Contracting State is inadequate to determine the profits to be attributed to the permanent establishment of an enterprise, nothing in this Article shall affect the application of any law of that State relating to the determination of the tax liability of a person provided that that law shall be applied, so far as the information available to the taxation authority permits, consistently with the principles of this Article. 6. Where profits include items of income which are dealt with separately in other Articles of this Agreement, then the provisions of those Articles shall not be affected by the provisions of this Article. 7. The profits of an enterprise of one of the Contracting States from the carrying on in the other Contracting State of a business of any form of insurance may be taxed in the other Contracting State in accordance with the law of that other State relating specifically to the taxation of any person who carries on such business, and Article 24 shall apply for the elimination of double taxation as if the profits so taxed were attributable to a permanent establishment of the enterprise in the State imposing the tax. 8. Where: (a) a resident of a Contracting State is beneficially entitled, whether directly or
indirectly through one or more trusts, to a share of the business profits of an
enterprise carried on in the other Contracting State by the trustee of a trust estate
other than a trust estate which is treated as company for tax purposes: and (b) in relation to that enterprise, that trustee has, in accordance with the principle of
Article 5, a permanent establishment in that other State, the enterprise carried on by the trustee shall be deemed to be a business carried on in that other State by that resident through a permanent establishment situated therein and the resident' s share of business profits shall be attributed to that permanent establishment. ARTICLE 8
SHIPPING AND AIRCRAFT 1. Income or profits from the operation of aircraft derived by a resident of one of the Contracting States shall be taxable only in that State. 2. Income or profits from the operation of ships derived by a resident of one of the Contracting States may be taxed in that Contracting State and may also be taxed in the other State, but the tax so charged in the other State shall be reduced by an amount equal to one half of the amount which would be payable in respect of that income or those profits but for this paragraph. 3. Not withstanding the provisions of paragraph 1, such income or profits may be taxed in the other Contracting State, where they are income or profits from the operation of aircraft confined solely to places in that other State; and notwithstanding the provisions of paragraph 2 such income or profits may be taxed in the other Contracting State without reduction, where they are income or profits from the operation of ships confined solely to places in that other State. 4. The provisions of paragraphs 1, 2 and 3 shall apply in relation to the share of income or profits from the operation of ships or aircraft derived by a resident of one of the Contracting States through participation in a pool service, in a joint transport operating organization or in an international operating agency. 5. For the purpose of this Article, profits derived from the carriage by ships or aircraft of passengers, livestock, mail, goods or merchandise shipped in a Contracting State for discharge at another place in that State shall be treated as profits from the operation of ships or aircraft confined solely to places in that State. ARTICLE 9
ASSOCIATED ENTERPRISES 1. Where: (a) an enterprise of one of the Contracting States participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State; or (b) the same persons participate directly or indirectly in the management , control or capital of an enterprise of one of the Contracting States and an enterprise of the other Contracting State, and in either case conditions operate between the two enterprises in their commercial or financial relations which differ from those which might be expected to operate between independent enterprises dealing wholly independently with one another, then any profits which, but for those conditions, might have been expected to accrue to one of the enterprises, but by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Notwithstanding the provisions of this Article, an enterprise of one of the Contracting States may be taxed by that State as if this Article had not come into effect but, so far as it is practicable to do so, in accordance with the principles of this Article. 3. Where profits on which an enterprise of one of the Contracting States has been charged to tax in that State are also included, by virtue of paragraph 1 or 2, in the profits of an enterprise of the other Contracting State and taxed accordingly, and the profits so included are profits which might have been expected to have accrued to that enterprise of the other State if the conditions operative between the enterprises had been those which might have been expected to have operated between independent enterprises dealing wholly independently with one another, then the first-mentioned State shall make an appropriate adjustment to the amount of tax charged on those profits in the first mentioned State. In determining such an adjustment, due regard shall be had to the other provisions of this Agreement in relation to the nature of the income, and for this purpose the competent authorities of the Contracting States shall if necessary consult each other. ARTICLE 10
DIVIDENDS 1. Dividends paid by a company which is a resident of one of the Contracting States for the purpose of its tax, being dividends to which a resident of the other Contracting State is beneficially entitled, may be taxed in that other State. 2. Such dividends may be taxed in the Contracting State of which the company paying the dividends is a resident, and according to the law of that State, but, if the beneficial owner of the dividends is a company, excluding a partnership, which holds directly at least 25 percent of the capital of the former company, the tax so charged shall not exceed: (a) 15 per cent of the gross amount of the dividends if the company paying
the dividends engages in an industrial undertaking; and (b) 20 per cent of the gross amount of the dividends in other cases. 3. The term dividends in this Article means income from shares and other income assimilated to income from shares by the taxation law of the Contracting State which the company making the distribution is a resident. 4. The provisions of paragraphs 1 and 2 shall not apply if the person beneficially entitled to the dividends, being a resident of one of the Contracting States, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 5. Dividends paid by a company which is a resident of one of the Contracting States, being dividends to which a person who is not a resident of the other Contracting State is beneficially entitled, shall be exempt from tax in that other State except insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or fixed base situated in that other State. However, this paragraph shall not apply in relation to dividends paid by any company which is a resident of Australia for the purposes of Australian tax and which is also a resident of Thailand for the purposes of Thai tax. 6. Nothing in this Agreement shall be construed as preventing one of the Contracting States from imposing, in accordance with its domestic law, a tax on profits remitted by a permanent establishment of an enterprise of the other Contracting State situated in the first mentioned Contracting State. 7. The term "industrial undertaking" means (a) any undertaking engaged in: (i) manufacturing, assembling or processing; (ii) construction, civil engineering or shipbuilding; (iii) production of electricity, hydraulic power or gas; (iv) the supply of water; or (v) agriculture, forestry or fisheries or the carrying on of a plantation; (b) any other undertaking entitled to the privileges accorded under the laws of Thailand on the promotion of industrial investment; and (c) any other undertaking which may be declared to be an "industrial undertaking"
for the purpose of this Article by the competent authority of Thailand. | 
