Article 22 - Capital - International Taxation - Income Tax

Article 22 - Capital As per OECD Model Tax Convention Right of Other Contract State (i.e. Source State) to tax Income from Capital Capital represented by immovable property (referred in Article 6) , owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other State. [ Para 1 or Article 22 ] Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State may be taxed in that other State. [ Para 3 or Article 22 ] Capital of an enterprise of a Contracting State that operates ships or aircraft in international traffic represented by such ships or aircraft, and by movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State. [ Para 3 or Article 22 ] Right to Contract State to tax income from capital Other than para above 1,2 and 3 of article 22 All other elements of capital of a resident of a Contracting State shall be taxable only in that State. [ Para 4 or Article 22 ] As per UN Model Tax Convention Article 22 of the United Nations Model Convention reproduces Article 22 of the OECD Model Convention except The UN Model Convention varies from the OECD Model convention in the Following aspect Right of Other Contract State (i.e. Source State) to tax Income from Capital Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services may be taxed in that other State. [ Para 2 or Article 22 ] Right to Contract State to tax income from capital Other than para above 1,2 and 3 of article 22 All other elements of capital of a resident of a Contracting State shall be taxable only in that State. The question of the taxation of all other elements of capital of a resident of a Contracting State is left to bilateral negotiations . Should the negotiating parties decide to include in the Convention an Article on the taxation of capital, they will have to determine whether to use the wording of paragraph 4 as shown or wording that leaves taxation to the State in which the capital is located. [ Para 4 of Article 22 ]