2.379 In addition, unresolved issues cannot be subject to arbitration if a decision on those issues has already been reserved or taken by an Australian or New Zealand tribunal or administrative tribunal. As mentioned in the OECD model commentary, this means that a court or administrative tribunal of either State has already made a decision on these issues that applies to that person. Paragraph 6 of this article shall also apply to cases where a court or administrative tribunal has reserved its decision. However, it is not provided that a person is prevented from submitting unresolved substantive issues that arise in his case to arbitration simply because another person inserts appeals before national courts on similar issues. • Under the Jersey Information Exchange Agreement, the Jersey Agreement provides for increased cooperation between tax authorities to prevent tax evasion and avoidance. PE would determine in which country the income is taxable. PE is a stable place through which the business is partially or totally operated. It includes a branch, an office, a factory, a mine, a quarry, an agricultural estate, etc. PE may also be a person who stays in the other state for a twelve-month period of more than 183 days and who achieves more than 50% of the gross turnover of that enterprise or who carries out the same or related activities as the enterprise of another State. Article 16 of the DBA confers tax rights in respect of the fees of the board of directors. In order to avoid any difficulty in determining in which State Party the services of a director are provided and, therefore, his remuneration should be taxed, Article 16 provides that directors` fees may be taxed in the Contracting State in which the company of which he is the manager. 2.188 Although the provisions of article 10 allow Australia to levy, in the circumstances indicated, a withholding tax on both free and non-staggered dividends, the exemption from dividends granted by Australia under its national law for franc dividends paid to non-residents remains applicable. 1.8 Applicable regulatory requirements must be imposed by laws, legal instruments, a mandatory code of a regulatory authority or other similar regulatory requirements.
Therefore, the agreement reached for the creation of the DLC will not be a relevant regulatory requirement for the purpose of fulfilling the definition. 2.26 If, according to this provision, the same income is taxed in the hands of different persons, Article 23(3) (elimination of double taxation) guarantees exemption from double taxation. 2.180 It was expected that the competent authorities would reach an agreement that other stock exchanges constitute a recognized stock exchange within the meaning of the agreement. . . .