Capital gains taxation allocates source-state taxing rights for immovable property, PE assets, shares and specific movables. Allocation of taxing rights under the DTAA: gains from alienation of immovable property and of shares in companies whose assets consist mainly of such property may be taxed in the State where the property is situated; gains from disposals of business property of a permanent establishment or of a fixed base used for independent personal services may be taxed in the State where that permanent establishment or fixed base is located; gains from ships, aircraft, containers, and other property are allocated to the enterprise's State of residence or to the alienator's State of residence as specified.
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 taxation allocates source-state taxing rights for immovable property, PE assets, shares and specific movables.
Allocation of taxing rights under the DTAA: gains from alienation of immovable property and of shares in companies whose assets consist mainly of such property may be taxed in the State where the property is situated; gains from disposals of business property of a permanent establishment or of a fixed base used for independent personal services may be taxed in the State where that permanent establishment or fixed base is located; gains from ships, aircraft, containers, and other property are allocated to the enterprise's State of residence or to the alienator's State of residence as specified.
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