Capital gains taxation: situs rules allow taxation by the state where immovable property or a permanent establishment is located. Gains from alienation of immovable property situated in a Contracting State may be taxed by that State; gains from movable property forming part of a permanent establishment or pertaining to a fixed base used for independent services (including sale of that establishment or base) may be taxed in the State where they are situated; disposals of ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains from shares principally representing immovable property may be taxed in the State where the property is located; other share gains or other property gains follow the stated residence or source rules.
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Provisions expressly mentioned in the judgment/order text.
Capital gains taxation: situs rules allow taxation by the state where immovable property or a permanent establishment is located.
Gains from alienation of immovable property situated in a Contracting State may be taxed by that State; gains from movable property forming part of a permanent establishment or pertaining to a fixed base used for independent services (including sale of that establishment or base) may be taxed in the State where they are situated; disposals of ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains from shares principally representing immovable property may be taxed in the State where the property is located; other share gains or other property gains follow the stated residence or source rules.
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