Capital gains taxation: source State may tax disposals of immovable property, PE assets, and resident company shares. Gains from alienation of immovable property located in a Contracting State may be taxed in that State. Gains from alienation of movable property forming part of a permanent establishment or pertaining to a fixed base in the other State may be taxed in that other State, including disposal of the permanent establishment or fixed base. Gains from alienation of ships, aircraft in international traffic are taxable only in the enterprise's State; gains from alienation of company shares are taxable in the 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: source State may tax disposals of immovable property, PE assets, and resident company shares.
Gains from alienation of immovable property located in a Contracting State may be taxed in that State. Gains from alienation of movable property forming part of a permanent establishment or pertaining to a fixed base in the other State may be taxed in that other State, including disposal of the permanent establishment or fixed base. Gains from alienation of ships, aircraft in international traffic are taxable only in the enterprise's State; gains from alienation of company shares are taxable in the company's State of residence. Other gains are taxable only in the alienator's State of residence.
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