Keywords
Vessels
Ships
Aircrafts
International Traffic
Capital Gains
Effective Place of Management
How to Cite
Abstract
This article analyzes the taxation of capital gains on the alienation of assets, particularly vessels, ships and aircrafts operated in international traffic from the perspective of double taxation conventions. Therefore, Article 13 of the OECD Model convention is analyzed from its respective commentaries, the history of the Model and the proposed changes. The research also cover the comparison with the United States Model Convention and the treaty practice. Finally, as an auxiliary source, the interpretation and analysis given by the specialized doctrine is discussed in the paper.
The text shows the results of the research on the taxation of capital gains from property operated in international transit, the distribution of the taxation power by double tax treaties (DTC´s) and the difficulties that arise when followed the wording of the OECD Model. Under that Model, exclusive taxation power is allocated to the effective place of management. The article concludes by emphasizing the conflicts of interpretation that may arise, and possible interpretative solutions based on the Partnership Report or on a systematic application of Articles 3.2 and 23 of MCOECD.
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