Capital gains taxation: source-state may tax immovable and permanent-establishment linked gains; other gains taxable in residence. Gains from alienation of immovable property situated in a Contracting State and gains from property forming part of a permanent establishment or fixed base in that State may be taxed in the State where the property, permanent establishment or fixed base is located. Ships and aircraft operated in international traffic are taxable only in the alienator's State of residence. Share transfers tied principally to immovable property may be taxed in the State where the immovable property is situated; other share gains and residual capital 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 taxation: source-state may tax immovable and permanent-establishment linked gains; other gains taxable in residence.
Gains from alienation of immovable property situated in a Contracting State and gains from property forming part of a permanent establishment or fixed base in that State may be taxed in the State where the property, permanent establishment or fixed base is located. Ships and aircraft operated in international traffic are taxable only in the alienator's State of residence. Share transfers tied principally to immovable property may be taxed in the State where the immovable property is situated; other share gains and residual capital gains are taxable only in the alienator's State of residence.
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