DT3870 - Botswana: double taxation agreement, Article 6: Income from immovable property
This agreement applies for periods before the new
comprehensive agreement has effect (see DT3850).
- Income from immovable property may be taxed in the Contracting
State in which such property is situated.
- The term `immovable property` shall, subject to the provisions
of sub-paragraph (b) below, be defined in accordance with the law
of the Contracting State in which the property in question is
situated.
- The term `immovable property` 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 respecting landed property apply, usufruct of immovable
property and rights to variable or fixed payments as consideration
for the working of, or the right to work, or the right to prospect
for, mineral deposits, sources and other natural resources, and
mining and prospecting information; ships, boats and aircraft shall
not be regarded as immovable property.
- 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.
- The provisions of paragraphs (1) and (3) of this Article shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of professional services.
