Capital gains from immovable property and PE assets taxable in the source state; residual gains taxable in the resident state. Capital gains from disposal of immovable property and of shares in companies whose assets are principally immovable are taxable in the State where the property is situated. Movable property forming part of a permanent establishment or pertaining to a fixed base may be taxed in the State where that establishment or fixed base is located, including disposals of the establishment or fixed base. Exceptions: disposals of ships and aircraft operated in international traffic and related movable property are taxable only in the enterprise's State. Other property disposals are taxable only in the alienator's State. 'Alienation' is determined by the law of the State where the property is situated.
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 from immovable property and PE assets taxable in the source state; residual gains taxable in the resident state.
Capital gains from disposal of immovable property and of shares in companies whose assets are principally immovable are taxable in the State where the property is situated. Movable property forming part of a permanent establishment or pertaining to a fixed base may be taxed in the State where that establishment or fixed base is located, including disposals of the establishment or fixed base. Exceptions: disposals of ships and aircraft operated in international traffic and related movable property are taxable only in the enterprise's State. Other property disposals are taxable only in the alienator's State. "Alienation" is determined by the law of the State where the property is situated.
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