Capital gains taxation: property and PE-linked disposals taxed in the State where the assets are situated or used. Capital gains are allocable to the State where the relevant property is situated or used: immovable property and property of a permanent establishment or fixed base may be taxed in the State where situated; gains from ships or aircraft used in international traffic are taxable only in the enterprise's residence State. Transfers of shares that derive a majority of their value from immovable property situated in the other Contracting State may be taxed in that other State, while other gains generally remain 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 taxation: property and PE-linked disposals taxed in the State where the assets are situated or used.
Capital gains are allocable to the State where the relevant property is situated or used: immovable property and property of a permanent establishment or fixed base may be taxed in the State where situated; gains from ships or aircraft used in international traffic are taxable only in the enterprise's residence State. Transfers of shares that derive a majority of their value from immovable property situated in the other Contracting State may be taxed in that other State, while other gains generally remain taxable only in the alienator's State of residence.
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