Capital gains allocation: taxing rights depend on property type, permanent establishment, place of management, or residence. Article 14 allocates taxing rights over capital gains: gains from immovable property are taxable in the State where the property is situated; gains tied to movable property of a permanent establishment or a fixed base may be taxed in the State of that permanent establishment or fixed base; gains from ships or aircraft in international traffic are taxable only in the State of the enterprise's place of effective management; gains from disposal of shares mainly deriving value from immovable property may be taxed where that property is situated; other share disposals may be taxed in the resident company's State; 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 allocation: taxing rights depend on property type, permanent establishment, place of management, or residence.
Article 14 allocates taxing rights over capital gains: gains from immovable property are taxable in the State where the property is situated; gains tied to movable property of a permanent establishment or a fixed base may be taxed in the State of that permanent establishment or fixed base; gains from ships or aircraft in international traffic are taxable only in the State of the enterprise's place of effective management; gains from disposal of shares mainly deriving value from immovable property may be taxed where that property is situated; other share disposals may be taxed in the resident company's State; all other gains are taxable only in the alienator's State of residence.
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