Capital gains taxation: property disposals taxed in the State where the property or permanent establishment is located. Capital gains from alienation of immovable property are taxable in the State where the property is situated. Gains from disposals of movable property of a permanent establishment or of a fixed base used for independent services may be taxed in the State where that permanent establishment or fixed base is located. Ship and aircraft disposals used in international traffic are taxable only in the alienator's State of residence. Share disposals may be taxed in the company's State of residence, but a treaty supplement permits the other State to tax share interests that derive a predominant portion of their value from immovable property situated there.
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 disposals taxed in the State where the property or permanent establishment is located.
Capital gains from alienation of immovable property are taxable in the State where the property is situated. Gains from disposals of movable property of a permanent establishment or of a fixed base used for independent services may be taxed in the State where that permanent establishment or fixed base is located. Ship and aircraft disposals used in international traffic are taxable only in the alienator's State of residence. Share disposals may be taxed in the company's State of residence, but a treaty supplement permits the other State to tax share interests that derive a predominant portion of their value from immovable property situated there.
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