Capital gains taxation allocates taxing rights based on property type, permanent establishment links, and place of management. Capital gains from alienation of immovable property situated in the source State are taxable there; gains tied to business assets of a permanent establishment or to a fixed base in the source State, including disposals of that establishment or base, may be taxed in the State where they are located; transfers of ships or aircraft in international traffic are taxable only in the State of the enterprise's place of effective management; share disposals are taxed according to whether shares derive most of their value from immovable property in the source State, otherwise they are taxed in the company'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 allocates taxing rights based on property type, permanent establishment links, and place of management.
Capital gains from alienation of immovable property situated in the source State are taxable there; gains tied to business assets of a permanent establishment or to a fixed base in the source State, including disposals of that establishment or base, may be taxed in the State where they are located; transfers of ships or aircraft in international traffic are taxable only in the State of the enterprise's place of effective management; share disposals are taxed according to whether shares derive most of their value from immovable property in the source State, otherwise they are taxed in the company's State of residence.
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