Capital gains taxation: property-linked disposals may be taxed in the State where the property or permanent establishment is situated. Capital gains taxation is determined by the property's connection to a State: gains from 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 in the State where that establishment or base is located; gains on ships or aircraft in international traffic are taxable only in the enterprise's State of residence; the MLI replaces the shares rule so that gains on shares or comparable interests may be taxed in the State where those shares derived principally from immovable property; 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: property-linked disposals may be taxed in the State where the property or permanent establishment is situated.
Capital gains taxation is determined by the property's connection to a State: gains from 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 in the State where that establishment or base is located; gains on ships or aircraft in international traffic are taxable only in the enterprise's State of residence; the MLI replaces the shares rule so that gains on shares or comparable interests may be taxed in the State where those shares derived principally from immovable property; other gains are taxable only in the alienator's State of residence.
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