Capital gains taxation: immovable property and PE related gains taxable where situated; other gains taxed at residence. Capital gains rules allocate taxation by property type and situs: gains from immovable property are taxable in the State where situated; gains from movable property of a permanent establishment or fixed base may be taxed where that PE or fixed base exists; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains from shares principally owning immovable property may be taxed in the State where the immovable property is situated; other share gains may be taxed in the company's State of residence; 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 taxation: immovable property and PE related gains taxable where situated; other gains taxed at residence.
Capital gains rules allocate taxation by property type and situs: gains from immovable property are taxable in the State where situated; gains from movable property of a permanent establishment or fixed base may be taxed where that PE or fixed base exists; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains from shares principally owning immovable property may be taxed in the State where the immovable property is situated; other share gains may be taxed in the company's State of residence; all other gains 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 
