Capital gains taxation: immovable property and PE- or fixed-base related disposals may be taxed in the source state. Gains from alienation of immovable property are taxable in the State where the property is situated. Gains from alienation of movable property forming part of the business property of a permanent establishment, or movable property pertaining to a fixed base used for independent personal services, including disposals of that permanent establishment or fixed base, may be taxed in the State where it is located. Enterprise gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence. Shares in companies whose property principally comprises immovable property may be taxed where that immovable property is situated. Other gains are taxable only in the alienator's State of residence, unless not taxed there.
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: immovable property and PE- or fixed-base related disposals may be taxed in the source state.
Gains from alienation of immovable property are taxable in the State where the property is situated. Gains from alienation of movable property forming part of the business property of a permanent establishment, or movable property pertaining to a fixed base used for independent personal services, including disposals of that permanent establishment or fixed base, may be taxed in the State where it is located. Enterprise gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence. Shares in companies whose property principally comprises immovable property may be taxed where that immovable property is situated. Other gains are taxable only in the alienator's State of residence, unless not taxed there.
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