Capital gains taxation: immovable property and certain share disposals may be taxed where the property is located. Capital gains taxation is allocated by reference to the property's character and location: immovable property situated in the other Contracting State may be taxed there; shares (and comparable interests) that derived more than half their value from such immovable property within the relevant pre-disposal period may likewise be taxed in that State under the MLI modification; gains from business movable property of a permanent establishment or fixed base in the other State may be taxed there; gains on ships or aircraft in international traffic are taxable only in the enterprise's State of residence; other share disposals and residual gains follow residence taxation.
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 certain share disposals may be taxed where the property is located.
Capital gains taxation is allocated by reference to the property's character and location: immovable property situated in the other Contracting State may be taxed there; shares (and comparable interests) that derived more than half their value from such immovable property within the relevant pre-disposal period may likewise be taxed in that State under the MLI modification; gains from business movable property of a permanent establishment or fixed base in the other State may be taxed there; gains on ships or aircraft in international traffic are taxable only in the enterprise's State of residence; other share disposals and residual gains follow residence taxation.
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