Capital gains allocation: taxation depends on property type and situs, with PE, immovable property, and shares treated distinctly. Capital gains are taxed according to the nature and location of the property: gains from alienation of immovable property located in the other Contracting State may be taxed there; gains from movable property of a permanent establishment or fixed base may be taxed where that establishment or base is situated; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; shares principally deriving value from immovable property may be taxed in the State where the immovable property is situated; other shares may be taxed in the company's State of residence; remaining 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 allocation: taxation depends on property type and situs, with PE, immovable property, and shares treated distinctly.
Capital gains are taxed according to the nature and location of the property: gains from alienation of immovable property located in the other Contracting State may be taxed there; gains from movable property of a permanent establishment or fixed base may be taxed where that establishment or base is situated; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; shares principally deriving value from immovable property may be taxed in the State where the immovable property is situated; other shares may be taxed in the company's State of residence; remaining gains are taxable only in the alienator's State of residence.
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