Limited Protection Sample Clauses

Limited Protection. The equivalent to Art 13 in Australia's DTAs with Belgium, the Philippines, Switzerland, Sweden, Denmark, Ireland and Norway are presented in slightly differently terms. Broadly, these agreements provide (with some exceptions), in the case of an enterprise, for taxation only by the state of residence of the enterprise.29 For instance, Art 13(3) of the treaty between Australia and Belgium provides that "income from the alienation of capital assets of an enterprise of a Contracting State shall be taxable only in that Contracting State, but, where those assets form part of the business property of a permanent establishment situated in the other Contracting State, such income may be taxed in that other State". Again, these agreements are not exactly the same. The agreements between Australia and Belgium, the Philippines, Sweden and Denmark refer only to "income" from the alienation of real property. Other DTAs refer to "income or gains".30 As discussed above, the better view is that the term "income" in the context of Art 13, contemplates capital gains and is not restricted only to income according to ordinary concepts.