Capital gains taxation: allocation of taxing rights between source and residence for immovable property, PE assets, and shares. Capital gains are allocated by property type and situs: gains from immovable property situated in the other Contracting State, and gains from shares principally consisting of such immovable property, may be taxed in that State. Gains from movable business property of a permanent establishment or movable property of a fixed base in the other State, including disposal of that PE or fixed base, may be taxed in that other State. Gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence. 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: allocation of taxing rights between source and residence for immovable property, PE assets, and shares.
Capital gains are allocated by property type and situs: gains from immovable property situated in the other Contracting State, and gains from shares principally consisting of such immovable property, may be taxed in that State. Gains from movable business property of a permanent establishment or movable property of a fixed base in the other State, including disposal of that PE or fixed base, may be taxed in that other State. Gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence. Other gains are taxable only in the alienator's State of residence.
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