Capital gains allocation: source-based taxation for immovable property and permanent establishment transfers clarifies taxing rights. Article 13 allocates taxing rights for capital gains: gains from immovable property situated in the other Contracting State may be taxed in that State; gains of movable property forming part of a permanent establishment or fixed base, and gains from alienating such establishments or bases, may be taxed where they are situated; gains from ships, aircraft in international traffic, and their operational movable property are taxable only in the alienator's State of residence; transfers of shares deriving more than half their value from immovable property in the other State within the prior 365 days, and transfers of shares of a company resident in the other State, may be taxed in that other State; other gains are taxable only in the alienator's residence State.
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: source-based taxation for immovable property and permanent establishment transfers clarifies taxing rights.
Article 13 allocates taxing rights for capital gains: gains from immovable property situated in the other Contracting State may be taxed in that State; gains of movable property forming part of a permanent establishment or fixed base, and gains from alienating such establishments or bases, may be taxed where they are situated; gains from ships, aircraft in international traffic, and their operational movable property are taxable only in the alienator's State of residence; transfers of shares deriving more than half their value from immovable property in the other State within the prior 365 days, and transfers of shares of a company resident in the other State, may be taxed in that other State; other gains are taxable only in the alienator's residence State.
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