Real Estate

Alienation of Shares, Double Taxation, International Tax Law, M&A and Reorganizations, MNE Profits, OECD, Real Estate, Tax Treaties, United Nations

(Temple Tax Chambers; King’s College London)/ /Leave a comment

Two of my recent articles have examined the Australian decision in Commissioner of Taxation v Resource Capital Fund IV LP [2019] FCAFC 51. The articles examine the central question on the source of income earned and the tax classification and entitlement to treaty benefits of investment funds. Real property gains This time I consider two…

Alienation of Shares, EU/EEA, International Tax Law, Real Estate, REIT, Tax Treaties

(Partner Cuatrecasas Madrid) and (Tax Associate Cuatrecasas)/ /1 Comment

Article 13.1 of the double tax treaty (DTT) signed between Luxembourg and Spain authorizes Spain to tax gains from the alienation of shares in a company whose assets consist principally of immovable property in Spain, with no exceptions for properties engaged in economic activities. Let us look at a scenario where a Luxembourg company makes…