Capital gains taxation: allocation of taxing rights for disposals of immovable property, business assets, and shares under the treaty. Article 13 allocates taxing rights over capital gains: immovable property gains may be taxed in the State where the property is situated; gains from disposal of business property of a permanent establishment or of a fixed base may be taxed in the State where that establishment or base is located; absent paragraph 2, gains from alienation of shares of a company resident in the other State may be taxed there; gains from ships or aircraft in international traffic and other property not covered by paragraphs 1-4 remain taxable only in the resident State. MLI Article 9(4) permits taxation by the other State where shares derive more than 50 percent of their value from immovable property.
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 for disposals of immovable property, business assets, and shares under the treaty.
Article 13 allocates taxing rights over capital gains: immovable property gains may be taxed in the State where the property is situated; gains from disposal of business property of a permanent establishment or of a fixed base may be taxed in the State where that establishment or base is located; absent paragraph 2, gains from alienation of shares of a company resident in the other State may be taxed there; gains from ships or aircraft in international traffic and other property not covered by paragraphs 1-4 remain taxable only in the resident State. MLI Article 9(4) permits taxation by the other State where shares derive more than 50 percent of their value from immovable property.
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