Capital gains taxation: source may tax gains from immovable property and PE assets; other property taxed at residence. Immovable property gains 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 personal 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. Gains from shares in a resident company may be taxed in that company's State of residence. 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: source may tax gains from immovable property and PE assets; other property taxed at residence.
Immovable property gains 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 personal 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. Gains from shares in a resident company may be taxed in that company's State of residence. All other gains are taxable only in the alienator's State of residence.
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