Capital gains allocation: immovable and PE-related disposals taxed in source state; residual gains taxed in resident state. Gains from disposal of immovable property situated in the other Contracting State and gains from disposal of movable property forming part of a permanent establishment or pertaining to a fixed base in the other State (including disposals of the permanent establishment or fixed base) are taxable in the State where those assets are located or used; gains from disposal of ships or aircraft operated in international traffic (and related movable property) are taxable only in the alienator's State of residence; all 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: immovable and PE-related disposals taxed in source state; residual gains taxed in resident state.
Gains from disposal of immovable property situated in the other Contracting State and gains from disposal of movable property forming part of a permanent establishment or pertaining to a fixed base in the other State (including disposals of the permanent establishment or fixed base) are taxable in the State where those assets are located or used; gains from disposal of ships or aircraft operated in international traffic (and related movable property) are taxable only in the alienator's State of residence; all other capital gains are taxable only in the alienator's State of residence.
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