Capital taxation under the DTAA allocates tax by asset type and by connection to establishments or residence. Capital taxation is allocated by asset type and use: immovable property situated in the other Contracting State may be taxed there; movable property forming part of a permanent establishment or pertaining to a fixed base used for independent personal services may be taxed in the State of that establishment or base; ships and aircraft operated in international traffic and their operational movable property are taxable only in the enterprise's State; all other elements of a resident's capital are taxable only in the State of residence.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Capital taxation under the DTAA allocates tax by asset type and by connection to establishments or residence.
Capital taxation is allocated by asset type and use: immovable property situated in the other Contracting State may be taxed there; movable property forming part of a permanent establishment or pertaining to a fixed base used for independent personal services may be taxed in the State of that establishment or base; ships and aircraft operated in international traffic and their operational movable property are taxable only in the enterprise's State; all other elements of a resident's capital are taxable only in the State of residence.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
