Capital gains taxation: source state may tax disposals of immovable property and PE-related business assets. Gains by a resident from disposing of immovable property located in the other Contracting State may be taxed in that State. The State where a permanent establishment or fixed base is located may tax gains from alienation of movable property tied to that establishment or base, including its disposal. Gains from ships or aircraft in international traffic are taxable only in the alienator's residence. Share disposals are taxed in the State where the company is resident, except where a company's assets are principally immovable in the other State, in which case that State may tax gains on those shares.
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 state may tax disposals of immovable property and PE-related business assets.
Gains by a resident from disposing of immovable property located in the other Contracting State may be taxed in that State. The State where a permanent establishment or fixed base is located may tax gains from alienation of movable property tied to that establishment or base, including its disposal. Gains from ships or aircraft in international traffic are taxable only in the alienator's residence. Share disposals are taxed in the State where the company is resident, except where a company's assets are principally immovable in the other State, in which case that State may tax gains on those shares.
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