Capital gains taxation: source state may tax gains from immovable property and business assets tied to a local permanent establishment. Article 13 assigns taxing rights over capital gains by asset type and nexus: immovable property gains are taxable in the State where the property is located; gains from movable property of a permanent establishment or fixed base, including disposal of the establishment or base, may be taxed in the State where they are situated; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains from shares of companies whose assets principally consist of immovable property may be taxed where the immovable is situated; 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: source state may tax gains from immovable property and business assets tied to a local permanent establishment.
Article 13 assigns taxing rights over capital gains by asset type and nexus: immovable property gains are taxable in the State where the property is located; gains from movable property of a permanent establishment or fixed base, including disposal of the establishment or base, may be taxed in the State where they are situated; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains from shares of companies whose assets principally consist of immovable property may be taxed where the immovable is situated; other gains are taxable only in the alienator's State of residence.
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