Capital gains: source-state taxation allowed for immovable property, permanent establishments and certain share disposals; other gains taxed in residence. Article 14 permits taxation in the source State of gains from alienation of immovable property situated there, and of movable property forming part of a permanent establishment or fixed base located there (including disposal of the establishment or base). Gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence. Disposals of shares principally backed by immovable property may be taxed in the State where that immovable property is located; other share disposals may be taxed in the company's residence. Remaining gains are taxable only in the alienator's residence.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Capital gains: source-state taxation allowed for immovable property, permanent establishments and certain share disposals; other gains taxed in residence.
Article 14 permits taxation in the source State of gains from alienation of immovable property situated there, and of movable property forming part of a permanent establishment or fixed base located there (including disposal of the establishment or base). Gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence. Disposals of shares principally backed by immovable property may be taxed in the State where that immovable property is located; other share disposals may be taxed in the company's residence. Remaining gains are taxable only in the alienator's residence.
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