Income from immovable property may be taxed in the State where the property is located under the DTAA. Income earned by a resident from immovable property situated in the other Contracting State may be taxed in the State where the property is located, including income from agriculture or forestry and income from direct use, letting or other forms of use. The domestic law of the State where the property is situated defines immovable property, which in any case includes accessories, agricultural livestock and equipment, rights treated as landed property, usufruct, and payments for working mineral deposits and other natural resources; ships, boats and aircraft are excluded. The rule also covers enterprise income and income from 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 located under the DTAA.
Income earned by a resident from immovable property situated in the other Contracting State may be taxed in the State where the property is located, including income from agriculture or forestry and income from direct use, letting or other forms of use. The domestic law of the State where the property is situated defines immovable property, which in any case includes accessories, agricultural livestock and equipment, rights treated as landed property, usufruct, and payments for working mineral deposits and other natural resources; ships, boats and aircraft are excluded. The rule also covers enterprise income and income from property used for independent personal services.
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