Capital gains taxation: source State may tax disposals depending on asset type, nexus, and specified share ownership conditions. Capital gains from alienation of immovable property or movable property forming part of a permanent establishment or fixed base may be taxed in the State where that property or establishment is located; ships and aircraft gains are taxable only in the State of the enterprise's place of effective management. Shares deriving value principally from immovable property or constituting specified ownership interests may be taxed in the other State under conditions including value thresholds, purchaser residency, and carve-outs for corporate reorganizations. Other gains are taxable only in the alienator's State, subject to a domestic-law right to tax certain recent former residents.
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: source State may tax disposals depending on asset type, nexus, and specified share ownership conditions.
Capital gains from alienation of immovable property or movable property forming part of a permanent establishment or fixed base may be taxed in the State where that property or establishment is located; ships and aircraft gains are taxable only in the State of the enterprise's place of effective management. Shares deriving value principally from immovable property or constituting specified ownership interests may be taxed in the other State under conditions including value thresholds, purchaser residency, and carve-outs for corporate reorganizations. Other gains are taxable only in the alienator's State, subject to a domestic-law right to tax certain recent former residents.
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