Capital gains allocation: source state may tax disposals of immovable property, PE business assets and certain company shares. Allocation of taxation rights over cross-border capital gains distinguishes types of property: immovable property is taxable in the State where situated; gains from property forming part of a permanent establishment or fixed base may be taxed in the State where that permanent establishment or fixed base is located (including alienation of the permanent establishment or fixed base); absent that rule, gains from alienation of shares of a company resident in the other State may be taxed in that other State; ships and aircraft in international traffic and related property are taxable only in the resident State; other gains are taxable only in 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 allocation: source state may tax disposals of immovable property, PE business assets and certain company shares.
Allocation of taxation rights over cross-border capital gains distinguishes types of property: immovable property is taxable in the State where situated; gains from property forming part of a permanent establishment or fixed base may be taxed in the State where that permanent establishment or fixed base is located (including alienation of the permanent establishment or fixed base); absent that rule, gains from alienation of shares of a company resident in the other State may be taxed in that other State; ships and aircraft in international traffic and related property are taxable only in the resident State; other gains are taxable only in the State of residence.
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