Capital gains: source State may tax disposals linked to immovable property, permanent establishments, or certain share transfers. Article 14 allocates taxing rights over capital gains: gains from alienation of immovable property situated in the other Contracting State may be taxed by that State; gains from movable property of a permanent establishment or fixed base in the other State may also be taxed there; gains from ships or aircraft in international traffic are taxable only in the resident State. Shares or interests deriving more than fifty percent of their value from immovable property in the other State may be taxed by that State; other shares of a company resident in the other State may also be taxed there; remaining 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: source State may tax disposals linked to immovable property, permanent establishments, or certain share transfers.
Article 14 allocates taxing rights over capital gains: gains from alienation of immovable property situated in the other Contracting State may be taxed by that State; gains from movable property of a permanent establishment or fixed base in the other State may also be taxed there; gains from ships or aircraft in international traffic are taxable only in the resident State. Shares or interests deriving more than fifty percent of their value from immovable property in the other State may be taxed by that State; other shares of a company resident in the other State may also be taxed there; remaining gains are taxable only in the alienator's State of residence.
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