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CHAPTER 1 - General Provisions
CHAPTER 2 - Taxation of Income
CHAPTER 3 - Inheritance Tax
CHAPTER 4 - Registration Fees Other than Inheritance Tax-Stamp Duty
CHAPTER 5 - Administrative Assistance
CHAPTER 6 - Special Provisions
CHAPTER 7 - Transitional Provisions
CHAPTER 8 - Final Provisions
Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

ARTICLE 26

Movable Property

Tangible or intangible personal property left by a deceased person who at the time of his death was domiciled in one of the Members State, and invested in a commercial, industrial or artisanal/craft business of any kind, shall be subject to inheritance tax according to following rule:

  • (a) if the enterprise has a permanent establishment only in one of the Member States, the assets shall be subject to tax only in that State, this is the case even when the enterprise is expanding its activity in the territory of other member States without having a permanent establishment therein;
  • (b) if the enterprise has a permanent establishment in several Member States , the assets are subject to tax in each of these States to the extent that they are assigned to a permanent establishment situated in the territory of each of them.

However, the provisions of this Article shall not apply to investments made by the deceased in corporations, joint stock companies, limited liability companies, co-operative societies, civil companies subject to the taxation of corporations or in the form of sponsorship in limited partnerships.