Capital gains taxation under DTAA: taxing rights allocated by asset type, location, and residence of the alienator. The treaty allocates taxing rights over capital gains by asset type and location: immovable property situated in a Contracting State may be taxed in that State; gains from movable property of a permanent establishment or fixed base may be taxed where that establishment or base is located, including on sale of the establishment or base; ships and aircraft in international traffic are taxable only in the alienator's State of residence; shares deriving principally from immovable property may be taxed in the State where the immovable is situated; other shares may be taxed in the company's residence State; 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 under DTAA: taxing rights allocated by asset type, location, and residence of the alienator.
The treaty allocates taxing rights over capital gains by asset type and location: immovable property situated in a Contracting State may be taxed in that State; gains from movable property of a permanent establishment or fixed base may be taxed where that establishment or base is located, including on sale of the establishment or base; ships and aircraft in international traffic are taxable only in the alienator's State of residence; shares deriving principally from immovable property may be taxed in the State where the immovable is situated; other shares may be taxed in the company's residence State; all other gains are taxable only in the alienator's State of residence.
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