Capital gains taxation allocates taxing rights between source and residence states under a tax treaty for various asset classes. The treaty allocates taxing rights on capital gains by asset type: immovable property is taxable in the State where situated; gains on movable property forming part of a permanent establishment or fixed base are taxable in the State of that establishment or base; gains on ships or aircraft operated in international traffic are taxable only in the alienator's State of residence; gains on shares of a resident company may be taxed in the company's State; other gains are taxable only in the alienator's State of 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 taxation allocates taxing rights between source and residence states under a tax treaty for various asset classes.
The treaty allocates taxing rights on capital gains by asset type: immovable property is taxable in the State where situated; gains on movable property forming part of a permanent establishment or fixed base are taxable in the State of that establishment or base; gains on ships or aircraft operated in international traffic are taxable only in the alienator's State of residence; gains on shares of a resident company may be taxed in the company's State; other gains are taxable only in the alienator's State of residence.
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