Taxation of immovable property: income from property located abroad may be taxed where the property is situated. Income earned by a resident from immovable property located in the other Contracting State may be taxed in the State where the property is situated; 'immovable property' is defined by that State's law and includes accessories, agricultural and forestry assets, usufruct and rights tied to mineral working but excludes ships, boats, motor vehicles and aircraft. The rule covers income from use, letting or other forms of use, applies to enterprise property income and property used for independent personal services, and extends to income or services that domestic law assimilates to immovable property income.
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.
Taxation of immovable property: income from property located abroad may be taxed where the property is situated.
Income earned by a resident from immovable property located in the other Contracting State may be taxed in the State where the property is situated; "immovable property" is defined by that State's law and includes accessories, agricultural and forestry assets, usufruct and rights tied to mineral working but excludes ships, boats, motor vehicles and aircraft. The rule covers income from use, letting or other forms of use, applies to enterprise property income and property used for independent personal services, and extends to income or services that domestic law assimilates to immovable property income.
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