Capital gains taxation: source-state taxation for immovable property and permanent-establishment business assets. The treaty allocates taxing rights for capital gains by asset type and situs: immovable property situated in the other Contracting State may be taxed there; gains from movable property of a permanent establishment or fixed base may be taxed where that establishment or base is located; ships and aircraft in international traffic are taxable only in the alienator's State of residence; disposals of shares principally representing immovable property may be taxed in the State where the immovable property is situated; other share disposals in a resident company may be taxed in the company's State; remaining 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 taxation for immovable property and permanent-establishment business assets.
The treaty allocates taxing rights for capital gains by asset type and situs: immovable property situated in the other Contracting State may be taxed there; gains from movable property of a permanent establishment or fixed base may be taxed where that establishment or base is located; ships and aircraft in international traffic are taxable only in the alienator's State of residence; disposals of shares principally representing immovable property may be taxed in the State where the immovable property is situated; other share disposals in a resident company may be taxed in the company's State; remaining gains are taxable only in the alienator's State of residence.
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