Capital gains taxation: allocation of taxing rights based on property type and connection to the source State. Article 13 allocates capital gains taxation by reference to the property's character and connection to a Contracting State: immovable property gains may be taxed in the State where the property is situated; gains from movable property tied to a permanent establishment or fixed base may be taxed where that establishment or base is located; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains from shares principally deriving value from immovable property may be taxed where the property sits, while other share disposals and other property 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 based on property type and connection to the source State.
Article 13 allocates capital gains taxation by reference to the property's character and connection to a Contracting State: immovable property gains may be taxed in the State where the property is situated; gains from movable property tied to a permanent establishment or fixed base may be taxed where that establishment or base is located; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains from shares principally deriving value from immovable property may be taxed where the property sits, while other share disposals and other property 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 
