Capital gains allocation: source-state taxation for immovable property and business-establishment disposals; other property taxed in taxpayer's residence. The DTAA allocates capital gains taxation by asset type: immovable property located in the other Contracting State may be taxed there; gains from movable property of a permanent establishment or fixed base in the other State may be taxed in that State; gains from ships or aircraft in international traffic are taxable only in the State of the enterprise's place of effective management; and other capital gains are taxable only in the alienator'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 allocation: source-state taxation for immovable property and business-establishment disposals; other property taxed in taxpayer's residence.
The DTAA allocates capital gains taxation by asset type: immovable property located in the other Contracting State may be taxed there; gains from movable property of a permanent establishment or fixed base in the other State may be taxed in that State; gains from ships or aircraft in international traffic are taxable only in the State of the enterprise's place of effective management; and other capital gains are taxable only in the alienator's State of residence.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
