Application of tax agreements can restrict a state's right to tax its residents when treaties expressly allocate exclusive taxing rights. A Covered Tax Agreement does not affect a Contracting Jurisdiction's taxation of its residents except for treaty provisions that expressly limit that jurisdiction's taxing rights. Exceptions include correlative or corresponding adjustments for permanent establishments and associated enterprises, special rules for cross-border service income, students and visiting academics, tax credits or exemptions for amounts taxable in the other jurisdiction, non discrimination protections, competent authority review mechanisms, special treatment for diplomatic or government mission members, and clauses making pensions or similar payments taxable only in the other jurisdiction or otherwise conferring exclusive taxing rights.
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.
Application of tax agreements can restrict a state's right to tax its residents when treaties expressly allocate exclusive taxing rights.
A Covered Tax Agreement does not affect a Contracting Jurisdiction's taxation of its residents except for treaty provisions that expressly limit that jurisdiction's taxing rights. Exceptions include correlative or corresponding adjustments for permanent establishments and associated enterprises, special rules for cross-border service income, students and visiting academics, tax credits or exemptions for amounts taxable in the other jurisdiction, non discrimination protections, competent authority review mechanisms, special treatment for diplomatic or government mission members, and clauses making pensions or similar payments taxable only in the other jurisdiction or otherwise conferring exclusive taxing rights.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.