Capital gains taxation: property-related gains may be taxed in the state where the immovable assets are located. Gains from alienation of immovable property and of shares or interests whose assets mainly consist of such property may be taxed in the State where the property is located. Movable property forming part of a permanent establishment or pertaining to a fixed base used for independent personal services may be taxed in the State where that permanent establishment or fixed base exists, including on disposition of that establishment or base. Ships or aircraft operated in international traffic are taxable only in the State of the enterprise's place of effective management. Other property 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: property-related gains may be taxed in the state where the immovable assets are located.
Gains from alienation of immovable property and of shares or interests whose assets mainly consist of such property may be taxed in the State where the property is located. Movable property forming part of a permanent establishment or pertaining to a fixed base used for independent personal services may be taxed in the State where that permanent establishment or fixed base exists, including on disposition of that establishment or base. Ships or aircraft operated in international traffic are taxable only in the State of the enterprise's place of effective management. Other property gains are taxable only in the alienator's State of residence.
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