Income from immovable property may be taxed in the State where the property is situated; definition and scope clarified. Income derived by a resident of one Contracting State from immovable property situated in the other Contracting State may be taxed in the State where the property is located; this includes agricultural and forestry income and applies to direct use, letting or other forms of use. The term 'immovable property' is defined by local law and specifically includes property accessories, livestock and equipment used in agriculture and forestry, usufruct, and rights to payments for working mineral deposits and other natural resources, while excluding ships and aircraft. The rule also covers enterprise income and income 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; definition and scope clarified.
Income derived by a resident of one Contracting State from immovable property situated in the other Contracting State may be taxed in the State where the property is located; this includes agricultural and forestry income and applies to direct use, letting or other forms of use. The term "immovable property" is defined by local law and specifically includes property accessories, livestock and equipment used in agriculture and forestry, usufruct, and rights to payments for working mineral deposits and other natural resources, while excluding ships and aircraft. The rule also covers enterprise income and income used for independent personal services.
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