Article 13 of the OECD Model tax treaty allows a source country to retain taxing rights on capital gains realized by non-residents on the sale of real (immovable) property in the source country. Recently, it has been modified to incorporate a further rule that has long been a feature of the UN...

This article explores how local taxing authorities might apply the beneficial ownership concept in an OECD-based tax treaty to dividends paid on equity that is referenced in a cross-border total return equity swap. The article examines the OECD Commentary, relevant case law, recent guidelines...