Income from immovable property may be taxed in the State where the property is situated under DTAA provisions. Income from immovable property situated in one Contracting State may be taxed in that State even if received by a resident of the other State; this covers agriculture and forestry and income from direct use, letting or other exploitation. The meaning of immovable property is governed by the law of the State where the property is located and includes accessories, livestock and equipment used in agriculture and forestry, rights treated as land rights, usufruct, and payments for working mineral deposits and other natural resources, while ships, boats, aircraft and motor vehicles are excluded. The rule also applies to enterprise income and property used for independent personal services.
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.
Income from immovable property may be taxed in the State where the property is situated under DTAA provisions.
Income from immovable property situated in one Contracting State may be taxed in that State even if received by a resident of the other State; this covers agriculture and forestry and income from direct use, letting or other exploitation. The meaning of immovable property is governed by the law of the State where the property is located and includes accessories, livestock and equipment used in agriculture and forestry, rights treated as land rights, usufruct, and payments for working mineral deposits and other natural resources, while ships, boats, aircraft and motor vehicles are excluded. The rule also applies to enterprise income and property used for independent personal services.
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