Capital gains taxation: situs and asset type determine which State may tax gains under the DTAA. Capital gains under the DTAA assign taxing rights by property type: immovable property gains may be taxed where situated; gains from movable property of a permanent establishment or fixed base may be taxed where that establishment or base is located, including disposals of the establishment or base; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains from alienation of shares in a resident company may be taxed in that company's State of residence; 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: situs and asset type determine which State may tax gains under the DTAA.
Capital gains under the DTAA assign taxing rights by property type: immovable property gains may be taxed where situated; gains from movable property of a permanent establishment or fixed base may be taxed where that establishment or base is located, including disposals of the establishment or base; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains from alienation of shares in a resident company may be taxed in that company's State of residence; other gains are taxable only in the alienator's State of residence.
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