Capital gains allocation: source-state or residence-state taxation depends on property type and business connection. Immovable property gains are taxable in the State where the property is situated; gains from movable property forming part of a permanent establishment or a fixed base, including disposal of that establishment or base, may be taxed in the State of the permanent establishment; gains from ships or aircraft in international traffic and related movable property are taxable only in the State of effective management; gains from alienation of shares in a resident company may be taxed in the company's 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 allocation: source-state or residence-state taxation depends on property type and business connection.
Immovable property gains are taxable in the State where the property is situated; gains from movable property forming part of a permanent establishment or a fixed base, including disposal of that establishment or base, may be taxed in the State of the permanent establishment; gains from ships or aircraft in international traffic and related movable property are taxable only in the State of effective management; gains from alienation of shares in a resident company may be taxed in the company's State; all other gains are taxable only in the alienator's State of residence.
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