Capital gains allocation: source State taxes immovable and PE-linked disposals, residence taxes other capital gains. Gains from disposal of immovable property are taxable in the State where the property is situated; gains from movable property forming part of a permanent establishment or pertaining to a fixed base used for independent services may be taxed in the State where that permanent establishment or fixed base is located. Gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence. Disposals of shares principally deriving value from immovable property may be taxed in the State where the immovable property is situated; other share disposals may be taxed 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 allocation: source State taxes immovable and PE-linked disposals, residence taxes other capital gains.
Gains from disposal of immovable property are taxable in the State where the property is situated; gains from movable property forming part of a permanent establishment or pertaining to a fixed base used for independent services may be taxed in the State where that permanent establishment or fixed base is located. Gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence. Disposals of shares principally deriving value from immovable property may be taxed in the State where the immovable property is situated; other share disposals may be taxed in the company's State of residence. Other gains are taxable only in the alienator's State of residence.
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