background image
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 6

Income from Immovable Property

(1) Income derived from immovable property (including income from agriculture or forestry) situated in a Contracting State, may be taxed in that State.

(2) For the purposes of this Convention, the term "immovable property" shall have the meaning that it has under the laws of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law in respect of landed property apply, usufruct of immovable property and rights related to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits and sources from other natural resources. Ships, boats, or aircraft shall not be regarded as immovable property as referred to in this Article.

(3) The provisions of paragraph (1) of this Article shall apply to income derived from the direct use, letting, or use in any other form of immovable property.

(4) The provisions of paragraphs (1) and (3) of this Article shall also apply to income from immovable property of an enterprise as well as to income from immovable property used for the performance of independent personal services.

(5) Notwithstanding the provisions of Article 7 or 14, the provisions of this paragraph shall apply, where the ownership of shares or other rights in a company or an insurance enterprise  or in a similar establishment or a legal person entitles the owner to enjoy the immovable property situated in a Contracting State and held by that company or legal person, then the income derived by the owner from the direct use, letting or use in any other form of his right of enjoyment may be taxed in that State.