Capital gains taxation allocates source or residence taxing rights according to property type and presence of permanent establishments. Capital gains taxing rights depend on property type and business attachment: immovable property and gains from movable property of a permanent establishment or fixed base may be taxed in the State where those assets or attachments are situated; gains from ships and aircraft in international traffic are taxable only in the alienator's State of residence; gains from shares chiefly representing immovable property may be taxed in the State where the immovable property is located; other shares may be taxed in the company's State of residence; all 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 source or residence taxing rights according to property type and presence of permanent establishments.
Capital gains taxing rights depend on property type and business attachment: immovable property and gains from movable property of a permanent establishment or fixed base may be taxed in the State where those assets or attachments are situated; gains from ships and aircraft in international traffic are taxable only in the alienator's State of residence; gains from shares chiefly representing immovable property may be taxed in the State where the immovable property is located; other shares may be taxed in the company's State of residence; all other gains are taxable only in the alienator's State of residence.
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