Capital gains taxation: alienation of immovable or specified business property may be taxed by the State where the property is located. Article allocates taxing rights on capital gains by property type and location: immovable property and gains from movable business property tied to a permanent establishment or fixed base are taxable in the State where the property or establishment is situated; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; disposals of shares tied principally to immovable property may be taxed in the State where that immovable property is located; other share disposals may be taxed by the company's State of residence; gains from all other property 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 taxation: alienation of immovable or specified business property may be taxed by the State where the property is located.
Article allocates taxing rights on capital gains by property type and location: immovable property and gains from movable business property tied to a permanent establishment or fixed base are taxable in the State where the property or establishment is situated; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; disposals of shares tied principally to immovable property may be taxed in the State where that immovable property is located; other share disposals may be taxed by the company's State of residence; gains from all other property 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 
