Capital gains allocation: source state may tax immovable property and PE-related disposals, others taxable in residence state. Capital gains allocation: gains from the alienation of immovable property are taxable in the State where the property is situated; gains from movable property of a permanent establishment or fixed base may be taxed in the State where that permanent establishment or fixed base is located; gains from ships and aircraft in international traffic are taxable only in the enterprise's State of residence; transfers of shares or interests principally consisting of immovable property may be taxed in the State where that immovable property is situated; other gains are taxable only in the residence State.
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 immovable property and PE-related disposals, others taxable in residence state.
Capital gains allocation: gains from the alienation of immovable property are taxable in the State where the property is situated; gains from movable property of a permanent establishment or fixed base may be taxed in the State where that permanent establishment or fixed base is located; gains from ships and aircraft in international traffic are taxable only in the enterprise's State of residence; transfers of shares or interests principally consisting of immovable property may be taxed in the State where that immovable property is situated; other gains are taxable only in the residence State.
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