Article 22: Taxation of Capital
United Nations Model Double Taxation Convention between Developed and Developing Countries (2017 Update)
Article 22
Capital
Capital represented by immovable property referred to 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.
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.
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.
[4. 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.)
OECD Model Tax Convention on Income and on Capital (2017 Update)
Article 22
Capital
Capital represented by immovable property referred to 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.
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.
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.
All other elements of capital of a resident of a Contracting State shall be taxable only in that State.
Article 22 Cases
Bundesfinanzhof (Federal Fiscal Court), II R 66/89, 5 December 1993, Bundessteuerblatt 1994, II, 220 (Germany).
Hoge Raad der Nederlanden (The Netherlands, Supreme Court), 21047, 20 April 1983, Beslissingen Nederlandse Belasting Rechtspraak, 1983, 204 (Netherlands).
Rechtbank Zutphen (District Court, Zutphen), 08/1347, 12 August 2009, Belastingblad, 2009/1268 (Netherlands).
Verwaltungsgerichtshof (Supreme Administrative Court), 86/13/0179, 14 March 1990 (Austria).
Verwaltungsgerichtshof (Supreme Administrative Court), 90/13/0156, 27 June 1991 (Austria).
Verwaltungsgericht Graubunden (Administrative Court Graubunden), V6, 13 January 1999,
Steuerrevue, 1999, 7, 470 (Switzerland).