Capital gains tax allocation: source state may tax gains from property, permanent establishments, and property-rich company shares. Gains from alienation of immovable property are taxable in the State where the property is situated. Gains from alienation of movable property forming part of the business property of a permanent establishment, or movable property pertaining to a fixed base used for independent personal services, including gains from alienation of such permanent establishment or fixed base, may be taxed in the State where they are located. Ships and aircraft operated in international traffic and related movable property are taxable only in the alienator's State of residence. Shares of companies whose property consists principally of immovable property may be taxed where the immovable property is situated; other gains are taxable only in the State of residence, subject to a specified substantial-interest rule for shares of a resident company.
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 tax allocation: source state may tax gains from property, permanent establishments, and property-rich company shares.
Gains from alienation of immovable property are taxable in the State where the property is situated. Gains from alienation of movable property forming part of the business property of a permanent establishment, or movable property pertaining to a fixed base used for independent personal services, including gains from alienation of such permanent establishment or fixed base, may be taxed in the State where they are located. Ships and aircraft operated in international traffic and related movable property are taxable only in the alienator's State of residence. Shares of companies whose property consists principally of immovable property may be taxed where the immovable property is situated; other gains are taxable only in the State of residence, subject to a specified substantial-interest rule for shares of a resident company.
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