Capital gains taxation: residence and source rules allocate taxing rights over immovable property, business PE assets, and other property. The DTAA allocates capital gains taxation by permitting the source State to tax gains from immovable property located there and gains from movable property forming part of a permanent establishment or fixed base situated there, including disposals of that establishment or base. Gains from ships and aircraft in international traffic and related movables are taxable only in the alienator's State of residence. Share disposals are treated differently where a company's assets are principally immovable, allowing source-state taxation, while other property gains fall exclusively to the 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: residence and source rules allocate taxing rights over immovable property, business PE assets, and other property.
The DTAA allocates capital gains taxation by permitting the source State to tax gains from immovable property located there and gains from movable property forming part of a permanent establishment or fixed base situated there, including disposals of that establishment or base. Gains from ships and aircraft in international traffic and related movables are taxable only in the alienator's State of residence. Share disposals are treated differently where a company's assets are principally immovable, allowing source-state taxation, while other property gains fall exclusively to the State of residence.
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