Capital gains: source-state taxation for immovable property and business/fixed-base assets; other gains taxed at residence. Article 13 assigns taxing rights for capital gains: disposals of immovable property situated in the other Contracting State and disposals of movable property forming part of a permanent establishment or fixed base in the other State may be taxed in that other State. Gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence. Share disposals tied principally to immovable property may be taxed in the State where the immovable property is located; other share disposals and other property 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: source-state taxation for immovable property and business/fixed-base assets; other gains taxed at residence.
Article 13 assigns taxing rights for capital gains: disposals of immovable property situated in the other Contracting State and disposals of movable property forming part of a permanent establishment or fixed base in the other State may be taxed in that other State. Gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence. Share disposals tied principally to immovable property may be taxed in the State where the immovable property is located; other share disposals and other property gains are taxable only in the alienator's State of residence.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
