Capital gains taxation: property-based disposals may be taxed in the state where the underlying immovable property is located. Gains from alienation of immovable property are taxable in the State where the property is situated; gains of movable property forming part of a permanent establishment or pertaining to a fixed base in the other State may also be taxed there. Ships and aircraft operated in international traffic are taxable only in the alienator's State of residence. A Multilateral Instrument provision treats gains from alienation of shares as taxable in the other State if those shares derived more than half their value from immovable property situated there; other shares may be taxed in the company'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: property-based disposals may be taxed in the state where the underlying immovable property is located.
Gains from alienation of immovable property are taxable in the State where the property is situated; gains of movable property forming part of a permanent establishment or pertaining to a fixed base in the other State may also be taxed there. Ships and aircraft operated in international traffic are taxable only in the alienator's State of residence. A Multilateral Instrument provision treats gains from alienation of shares as taxable in the other State if those shares derived more than half their value from immovable property situated there; other shares may be taxed in the company's State of residence.
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