Capital gains taxation: immovable property and permanent establishment gains taxable where situated; other gains taxed only in resident state. Gains from alienation of immovable property are taxable in the State where the property is located; gains from movable property forming part of a permanent establishment, including disposal of the permanent establishment, are taxable in the State of the permanent establishment; gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence; disposals of shares may be taxed in the other State if those shares derived more than half their value from immovable property there; all other 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 taxation: immovable property and permanent establishment gains taxable where situated; other gains taxed only in resident state.
Gains from alienation of immovable property are taxable in the State where the property is located; gains from movable property forming part of a permanent establishment, including disposal of the permanent establishment, are taxable in the State of the permanent establishment; gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence; disposals of shares may be taxed in the other State if those shares derived more than half their value from immovable property there; all other gains are taxable only in the alienator's State of residence.
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