Preface |
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xiii | |
Introduction |
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xv | |
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The Capital Gains Article in the Model Conventions Drafted Under the Auspices of the League of Nations |
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1 | (120) |
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International Double Taxation after World War I |
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1 | (3) |
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4 | (19) |
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Economic Consequences of International Double Taxation |
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6 | (1) |
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Basis of Taxation and the Elements of Economic Allegiance |
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6 | (3) |
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Economic Allegiance and Classification of Wealth for Tax Purposes |
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9 | (13) |
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General Methods of Avoiding Double Taxation |
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22 | (1) |
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23 | (2) |
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25 | (3) |
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28 | (19) |
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28 | (3) |
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1928 Drafts No. la and Ic |
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31 | (1) |
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Article 2 - Income from Immovable Property |
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32 | (6) |
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Article 3 - Income from Bonds, Loans and Deposits and Article 4 - Income from Shares |
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38 | (1) |
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Article 5 - Business Income |
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39 | (1) |
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40 | (4) |
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Article 10 - Personal Taxes |
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44 | (1) |
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Article 12 - Property Taxes |
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45 | (2) |
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47 | (1) |
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Non-Inclusion of Capital Gains in the 1927 and 1928 Drafts |
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47 | (9) |
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Work of the Fiscal Committee 1929-1939 |
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56 | (9) |
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1929 Report and 1930 Report |
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56 | (2) |
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58 | (1) |
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1933 Draft and 1935 Draft |
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59 | (3) |
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62 | (3) |
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65 | (27) |
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Work of the Fiscal Committee in 1940 |
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65 | (1) |
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65 | (1) |
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65 | (2) |
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Article VIII - Gains Derived from the Sale of Immovable Property |
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67 | (3) |
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Article XII - Gains Derived from the Sale or Exchange of Capital Assets Other than Immovable Property |
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70 | (5) |
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75 | (1) |
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75 | (2) |
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Article 12 - Capital Gains |
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77 | (2) |
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Article 12(1) - Gains Derived from the Sale or Exchange of Real Property |
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79 | (1) |
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Article 12(2) - Gains Derived from the Sale or Exchange of Business Property |
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80 | (2) |
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Article 12(3) - Gains Derived from the Sale or Exchange of Other Capital Assets |
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82 | (1) |
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83 | (1) |
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83 | (3) |
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Article 12 - Capital Gains |
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86 | (4) |
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First Step in the Revision of the 1928 Drafts |
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90 | (2) |
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92 | (22) |
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Work Accomplished Between First and Second Regional Tax Conferences |
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92 | (7) |
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99 | (1) |
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Article XII - Capital Gains |
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100 | (1) |
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100 | (13) |
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Gains Derived from the Sale or Exchange of Real Property |
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113 | (1) |
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114 | (7) |
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Reconsideration of 1943 Mexico Draft |
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114 | (1) |
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115 | (2) |
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Article XII - Capital Gains |
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117 | (1) |
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117 | (1) |
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Article XII(1) - Gains Derived from the Sale or Exchange of Real Property |
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118 | (1) |
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Article XII(2) - Gains Derived from the Sale or Exchange of Business Assets |
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118 | (1) |
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Article XII(3) - Gains Derived from the Sale or Exchange of Other Capital Assets |
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119 | (2) |
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Definition of Capital Gains in Article 13 of the OECD Model |
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121 | (76) |
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Definition of Capital Gains in Domestic Systems |
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121 | (16) |
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Conceptual Problems in Defining Capital Gains for Tax Purposes |
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121 | (2) |
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Historical Development of Capital Gains Taxation |
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123 | (3) |
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Lack of an International Common Definition of Capital Gains |
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126 | (1) |
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No Generally Accepted Approach to Capital Gains Taxation |
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127 | (1) |
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Capital Gains Taxation: Main Issues |
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128 | (1) |
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Criteria for Type of Tax Regime |
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129 | (2) |
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Definition of Capital Asset |
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131 | (1) |
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131 | (1) |
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132 | (1) |
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133 | (1) |
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133 | (1) |
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134 | (3) |
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Nature Of Capital Gains Under the OECD Model |
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137 | (5) |
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Gains Covered by Article 13 |
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142 | (33) |
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142 | (1) |
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Use of the Term in Article 13 |
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142 | (1) |
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Relevance of Headings of Treaty Articles |
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143 | (2) |
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Use of the Term in the OECD Commentary |
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145 | (1) |
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Terms Affecting the Scope of the Article |
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146 | (1) |
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147 | (3) |
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150 | (1) |
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History of Gains Covered by Article 13 |
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151 | (9) |
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Other Model Conventions and Treaties |
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160 | (4) |
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164 | (5) |
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Article 7 and Article 13: Interaction |
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169 | (1) |
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169 | (1) |
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Article 7 and Article 13: Attribution of Taxation Rights |
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170 | (3) |
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173 | (2) |
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175 | (22) |
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Independent Treaty Meaning vs. Domestic Law Definition |
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175 | (1) |
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History of Terms Used in the Model Conventions for the Event Giving Rise to Capital Gains |
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176 | (6) |
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182 | (3) |
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Appreciation in Value of Property |
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185 | (1) |
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Taxation of Unrealized Gains |
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185 | (2) |
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Applicability of Article 22 |
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187 | (1) |
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Consistency of Article 7-Article 21 Treaty Regime with Article 13 Regime |
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188 | (3) |
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191 | (1) |
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Change in the Use of a Capital Asset |
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191 | (4) |
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195 | (2) |
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Gains Derived from the Alienation of Immovable Property (Article 13(1) |
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197 | (110) |
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OECD Model and Other Model Conventions |
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197 | (4) |
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197 | (1) |
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198 | (3) |
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201 | (1) |
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Geographical Scope of Article 13(1) |
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202 | (4) |
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202 | (1) |
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Versions in 1963 OECD Model and 1977-2005 OECD Models |
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203 | (3) |
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Cases outside the Bilateral Reach of Article 13(1) |
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206 | (40) |
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Applicability of Article 13(5) |
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206 | (1) |
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206 | (1) |
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207 | (2) |
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209 | (3) |
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212 | (1) |
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213 | (2) |
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Alternatives to Article 13(5) |
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215 | (1) |
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215 | (4) |
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Scope and Purpose of Article 7 |
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219 | (1) |
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Scope and Purpose of Article 21 |
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220 | (3) |
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Interaction of the Two Articles |
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223 | (3) |
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Applicability of Article 21 to Capital Gains |
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226 | (1) |
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227 | (1) |
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Article 13(1) and Article 13(2): Interaction |
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227 | (1) |
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Situs Rule vs. Permanent Establishment Rule |
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227 | (2) |
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Immovable Property in Permanent Establishment State |
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229 | (1) |
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229 | (1) |
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Income from Immovable Property |
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230 | (1) |
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231 | (1) |
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Immovable Property in Residence State |
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231 | (1) |
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232 | (1) |
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Income from Immovable Property |
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233 | (1) |
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234 | (1) |
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Immovable Property in a Third State |
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234 | (1) |
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235 | (2) |
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Income from Immovable Property |
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237 | (1) |
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238 | (1) |
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239 | (2) |
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Situs Rule in the OECD Model |
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241 | (5) |
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246 | (29) |
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Domestic Law Definition vs. Autonomous Definition |
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246 | (1) |
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247 | (1) |
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`Derived' in the League Model Conventions |
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247 | (6) |
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Alternative Terms in the League Model Conventions |
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253 | (2) |
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Use of `Derived' in Article 13 |
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255 | (1) |
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255 | (2) |
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From 1946 London Draft to 1977 OECD Model |
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257 | (2) |
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Use of `Derived' in the Other OECD Model Articles |
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259 | (1) |
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259 | (1) |
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259 | (1) |
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260 | (1) |
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261 | (1) |
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262 | (1) |
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263 | (2) |
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265 | (1) |
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266 | (1) |
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Alternatives to `Derived' in the OECD Model |
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266 | (2) |
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Income or Gains from Something |
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268 | (1) |
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Profits of Something Carried on by a Person |
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268 | (2) |
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270 | (1) |
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270 | (1) |
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271 | (1) |
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Income Beneficially Owned by a Person |
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271 | (1) |
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Income Arising in a State |
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272 | (1) |
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Income Accrued to a Person |
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273 | (1) |
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273 | (2) |
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Definition of Immovable Property in Article 13(1) |
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275 | (32) |
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Cross Reference to Article 6 |
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275 | (1) |
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275 | (2) |
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277 | (3) |
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`As Defined in Paragraph 2 of Article 6' vs. `Referred to in Article 6' |
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280 | (6) |
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Article 6(2): Definition of Immovable Property |
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286 | (1) |
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286 | (2) |
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288 | (1) |
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Article 6(2) and Article 3(2) |
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289 | (2) |
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291 | (7) |
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298 | (4) |
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Definition of Terms in Positive and Negative List |
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302 | (1) |
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Consistency for Purposes of Applying Article 13(1) |
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303 | (1) |
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Consistency for Purposes of Applying Article 13(5) and Article 21 |
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304 | (3) |
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Gains Derived from the Alienation of Shares in Immovable Property Companies (Article 13(4)) |
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307 | (88) |
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OECD Model AND Other Model Conventions |
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307 | (6) |
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307 | (1) |
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307 | (6) |
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Indirect Alienation of Immovable Property and Tax Treaties |
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313 | (5) |
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Domestic Sourcing Provisions |
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313 | (2) |
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Domestic Sourcing Provisions and Tax Treaties: Interaction |
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315 | (3) |
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Inclusion of Article 13(4) in OECD Model |
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318 | (6) |
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Purpose and Nature of Article 13(4) |
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318 | (2) |
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Article 13(4) and the Improper Use of Tax Treaties |
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320 | (4) |
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Geographical Scope of Article 13(4) |
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324 | (6) |
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324 | (1) |
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Cases within the Bilateral Reach of Article 13(4) |
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325 | (1) |
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Immovable Property Company Resident in the Situs State |
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325 | (1) |
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Immovable Property Company Resident in the Residence State |
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326 | (1) |
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Immovable Property Company Resident in a Third State |
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327 | (1) |
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Cases Outside the Bilateral Reach of Article 13(4) |
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328 | (1) |
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Relevant Immovable Property in the Residence State |
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328 | (1) |
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Relevant Immovable Property in a Third State |
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329 | (1) |
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Article 13(4) and Article 13(2): Interaction |
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330 | (11) |
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Shares of an Immovable Property Company Forming Part of the Business Property of a Permanent Establishment |
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330 | (1) |
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Immovable Property in the Permanent Establishment State |
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331 | (2) |
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Immovable Property in the Residence State |
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333 | (2) |
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Immovable Property in a Third State |
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335 | (3) |
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338 | (2) |
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340 | (1) |
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Scope: Gains Derived From Alienation of Shares |
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341 | (12) |
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341 | (2) |
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Exclusion of Interests in Other Entities |
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343 | (2) |
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Exclusion of Other Interests in Joint-Stock Companies |
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345 | (2) |
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347 | (1) |
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Non-Substantial Shareholdings |
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348 | (1) |
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348 | (2) |
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Corporate Reorganizations |
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350 | (2) |
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Shares Held by Pension Funds |
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352 | (1) |
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Definition of Immovable Property Company |
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353 | (28) |
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353 | (1) |
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Definition of Immovable Property |
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354 | (1) |
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Applicability of Article 6 Definition |
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354 | (3) |
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Immovable Property in which a Business is Carried on |
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357 | (2) |
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Sources from which the Shares Derive Their Value |
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359 | (1) |
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359 | (4) |
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363 | (2) |
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When the Value Test Must Be Met |
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365 | (2) |
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Direct or Indirect Derivation of Value |
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367 | (6) |
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Indirect Derivation of Value: Multi-Tier Chains of Companies |
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373 | (2) |
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Compatibility of the Value Test with the Purpose of the Provision |
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375 | (1) |
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376 | (1) |
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Attribution of Taxation Rights |
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377 | (3) |
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380 | (1) |
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Obtaining Information and Collecting Taxes |
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381 | (3) |
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384 | (1) |
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Effects of Introduction of Article 13(4) on the Attribution of Taxation Rights |
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385 | (5) |
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Indirect Ownership Structure and Related Attribution of Taxation Rights |
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385 | (1) |
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Attribution of Taxation Rights Before the Introduction of Article 13(4) |
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385 | (1) |
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Attribution of Taxation Rights after the Introduction of Article 13(4) |
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386 | (3) |
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Points for Further Discussion |
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389 | (1) |
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Article 13(4) And Substantial Interest Provisions: Interaction |
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390 | (5) |
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Substantial Interest Provisions |
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390 | (2) |
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Interaction when Contained in the Same Treaty |
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392 | (1) |
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Interaction when Contained in Different Treaties Applicable to the Same Alienation Of Shares |
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392 | (3) |
Bibliography |
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395 | |