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Australia - Japan tax treaty

A practical treaty page built around the official treaty text, key withholding categories, permanent-establishment rules, and article-level summaries.

Signed

2008-01-31

Effective

2008-12-03

Articles seeded

6

Withholding snapshot

Dividends

Individual rate: 10% · Corporate rate: 0%

The treaty provides zero treatment for qualifying corporate shareholders with substantial direct ownership. Portfolio dividends face the 10 percent ceiling.

Interest

Rate: 10%

The 10 percent ceiling can be reduced to zero for qualifying financial-institution and government interest under the article.

Royalties

Rate: 5%

The treaty caps royalties at 5 percent across the core categories under the modernized 2008 wording.

Permanent establishment

Construction threshold: more than 12 months

Dependent-agent analysis follows modernized 2008 treaty wording.

Other treaty flags

Pensions: split
Protocols: None seeded
Exchange of information: Yes
Student article: Yes
Teacher article: No

Pension treatment is article-specific. The treaty's pension fund treatment is favorable for qualifying entities.

Seeded article summaries

Article 4

Residence

Defines treaty residence under modern OECD-aligned rules.

Article 4 reflects the modern OECD model. Dual-resident entity cases are resolved through mutual agreement procedure.

Article 5

Permanent Establishment

Sets the business-presence threshold including offshore-resource provisions.

The treaty uses the standard 12-month construction threshold and includes specific rules for offshore-resource activities relevant to both jurisdictions.

Article 7

Business Profits

Generally reserves business profits to the residence state in the absence of a PE.

Article 7 follows the OECD's authorised-approach to profit attribution.

Article 10

Dividends

Caps source-country dividend withholding with a zero rate for qualifying substantial shareholders.

Article 10 provides zero treatment for qualifying corporate shareholders meeting the substantial-direct-ownership threshold. Portfolio dividends face the 10 percent ceiling.

Article 11

Interest

Limits source-country withholding on interest with carve-outs.

Article 11 produces a 10 percent ceiling but allows zero treatment for qualifying financial-institution and government interest.

Article 12

Royalties

Caps royalties at 5 percent under the modernized treaty.

Article 12 is favorable for software, licensing, and IP structures because the 5 percent ceiling materially reduces source-country withholding.

Official text

Other treaties involving these jurisdictions

Computed from the cross-reference graph. Links open the related entity on this site.

Primary sources

Important disclaimer

This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.