The Dance of the Lions




Analyses of International Tax Treaties


(4.1) Double Taxation Treaty (DTT) Brazil-Belgium


(4.1.f) Income from Immovable Property


§123. Real Estate, do not matter in which country the property is located, it is something immovable in determined territory, that by its turn is under a specific jurisdiction. The physical territory is a founding pilaster of the sovereignty, considering that the natural frontiers are basilar to the development of the State. In this meaning, it is an affirmation of the sovereign power the norm of the Article 6, 1, of the Convention among Brazil and Belgium:

the earnings from the immovable goods are taxable in the Contracting State in which there goods are located

§124. In the case of rural properties, the interesting issue is:

the expression ‘immovable goods’ considers always the accessories, the cattle and the instruments used in the farms and forestry explorations, the right applied to the dispositions of the private law related to the immovable property, the usufruct of immovable properties, as well as the right to the fixed or variable payments by the exploration or concession of mineral deposits, sources and other natural resources” (Article 6, 2, b).

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Rafael De Conti, Rafael Augusto De Conti, Brazilian Tax Lawyer, Lawyer in Brazil