Taxation of gains from alienation of immovable property may be imposed in the source state; other gains follow residence rules. Gains from the alienation of real property situated in the other Contracting State are taxable in that other Contracting State; this includes specified national real property interests and shares or interests substantially deriving value from such property. Business property of a permanent establishment may be taxed in the State where the permanent establishment is located. Gains from ships, aircraft, and containers used in international transport are taxable only in the enterprise's State of residency, and all other gains are taxable only in the alienator's State of residence. A departing resident taxed on deemed alienation may elect alternate treatment in the other 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.
Taxation of gains from alienation of immovable property may be imposed in the source state; other gains follow residence rules.
Gains from the alienation of real property situated in the other Contracting State are taxable in that other Contracting State; this includes specified national real property interests and shares or interests substantially deriving value from such property. Business property of a permanent establishment may be taxed in the State where the permanent establishment is located. Gains from ships, aircraft, and containers used in international transport are taxable only in the enterprise's State of residency, and all other gains are taxable only in the alienator's State of residence. A departing resident taxed on deemed alienation may elect alternate treatment in the other State.
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