[Code of Federal Regulations]
[Title 26, Volume 18, Parts 500 to 599]
[Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR520.115]
[Page 132]
TITLE 26--INTERNAL REVENUE
CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
(Continued)
PART 520--SWEDEN--Table of Contents
Subpart--General Income Tax
Sec. 520.115 Scope of Article XIV.
(a) General. Article XIV (a) has an important bearing upon other
articles of the convention. While many preceding articles provide in
effect that items of income derived by citizens or residents of the
United States or by domestic corporations from sources in Sweden are
subject to tax only in Sweden, Article XIV(a) nevertheless permits the
imposition of Federal income tax upon such income in the hands of such
taxpayers. For example, Article V provides that income from real
property, including gains derived from the sale or exchange of such
property, shall be taxable only in the contracting State in which such
property is situated. Hence, looking at such article without reference
to Article XIV a United States citizen realizing such income from real
property situated within Sweden would not be subject to Federal income
tax upon such income. Article XIV(a), however, prescribes that,
notwithstanding Article V or any other article of the convention, the
Federal income tax may apply to all items of income without regard to
other provisions of the convention and hence all items of income from
sources within Sweden, regardless of their treatment in the articles
dealing respectively with such items of income, must be included in
gross income of United States citizens, residents and corporations for
the purposes of the Federal income tax.
(b) Credit for Swedish income taxes. (1) Article XIV(a), for the
purposes of avoidance of double taxation, further provides that a
citizen or resident of the United States or a domestic corporation
deriving income from sources within Sweden shall be entitled to a credit
against the Federal income tax liability for the amount of Swedish
national income and property tax, including surtax, and for the Swedish
communal income tax. Such credit is, however, subject to the limitations
prescribed in section 131, Internal Revenue Code (relating to the credit
for foreign taxes) in that it cannot exceed the same proportion of the
tax against which the credit is taken which the taxpayer's net income
from sources within Sweden bears to the entire net income, in the case
of a taxpayer other than a corporation, or to the normal tax net income,
in the case of a corporation, for the same taxable year.
(2) In the application of Article XIV(a), the provisions of section
131, Internal Revenue Code, are in general applicable. See paragraph 6
of the protocol to the convention.
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