Capital gains taxation: source state may tax disposals of immovable property and PE/fixed base assets; residence taxes remaining gains. Gains from alienation of immovable property are taxable in the State where the property is situated; gains from disposal of movable property forming part of a permanent establishment or relating to a fixed base in the other State may be taxed in that State; disposals of ships or aircraft in international traffic are taxable only in the alienator's State of residence; disposals of shares principally representing immovable property may be taxed in the State where that property is situated; other gains are taxable only in the State of residence of the alienator.
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: source state may tax disposals of immovable property and PE/fixed base assets; residence taxes remaining gains.
Gains from alienation of immovable property are taxable in the State where the property is situated; gains from disposal of movable property forming part of a permanent establishment or relating to a fixed base in the other State may be taxed in that State; disposals of ships or aircraft in international traffic are taxable only in the alienator's State of residence; disposals of shares principally representing immovable property may be taxed in the State where that property is situated; other gains are taxable only in the State of residence of the alienator.
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