Chapter 19 - U.S. Report
Maisto (ed.), Immovable Property under Domestic Law, EU Law and Tax Treaties (IBFD 2015): Gianni, U.S. Report (Ch. 19)
24 Pages Posted: 12 Oct 2015
Date Written: November 1, 2014
This chapter 19 is contained in a publication of the International Bureau of Fiscal Documentation, comprising the proceedings and working documents of an annual seminar held in Milan in November 2014. The publication provides a thorough analysis of the taxation of immovable properties. The analysis starts from a survey of the concept of "immovable property" in common and civil law jurisdictions and then considers how different approaches affected the taxation of income deriving therefrom. EU tax law issues are then taken into consideration, both from an income tax and VAT viewpoint. In particular, the income tax analysis provides an extensive examination of how taxation of immovable property applied by EU Member States may affect fundamental freedoms. The book then moves to selected tax treaty issues. In particular, the analysis examines: (i) the relationships between tax treaty law and national law; (ii) the interaction between articles 6, 7 and 21 of the OECD Model Convention; and (iii) the concept of "enterprise" in the context of article 6 of the OECD Model Convention and its possible implications. Finally, the evolution of article 6 of the OECD Model Convention with respect to income from agriculture, forestry and mining is reviewed. Individual country surveys provide in-depth analyses of the above concepts and issues from a national viewpoint in selected European and North American jurisdictions, as well as in Australia. Ch. 19 is the U.S. Report of the IBFD publication.
Keywords: immovable property, real propety, real estate, taxation, FIRPTA
JEL Classification: F30, H2
Suggested Citation: Suggested Citation