Capital gains: treaty assigns taxation by situs for immovable property and by source for permanent establishments and shares. Article 13 permits the State where immovable property is situated to tax gains from its alienation; allows taxation by the State where a permanent establishment or fixed base is located of gains from disposals of related movable property or the establishment/base itself; treats gains from ships or aircraft in international traffic and related movable property as taxable only in the alienator's State of residence; allows a State to tax gains from disposal of shares in resident companies; and leaves all other capital gains 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: treaty assigns taxation by situs for immovable property and by source for permanent establishments and shares.
Article 13 permits the State where immovable property is situated to tax gains from its alienation; allows taxation by the State where a permanent establishment or fixed base is located of gains from disposals of related movable property or the establishment/base itself; treats gains from ships or aircraft in international traffic and related movable property as taxable only in the alienator's State of residence; allows a State to tax gains from disposal of shares in resident companies; and leaves all other capital gains taxable only in the alienator's State of residence.
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