Capital gains allocation grants source state taxing rights for immovable and PE-related transfers, with residence-based default. Allocation of taxing rights over capital gains distinguishes transfers by property type and taxpayer connection: immovable property located in a Contracting State may be taxed by that State; gains from movable property forming part of a permanent establishment or pertaining to a fixed base may be taxed in the State where that permanent establishment or fixed base is situated; gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence; disposals of shares principally deriving value from immovable property may be taxed in the State where that immovable property is situated; 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 allocation grants source state taxing rights for immovable and PE-related transfers, with residence-based default.
Allocation of taxing rights over capital gains distinguishes transfers by property type and taxpayer connection: immovable property located in a Contracting State may be taxed by that State; gains from movable property forming part of a permanent establishment or pertaining to a fixed base may be taxed in the State where that permanent establishment or fixed base is situated; gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence; disposals of shares principally deriving value from immovable property may be taxed in the State where that immovable property is situated; other gains are taxable only in the alienator's State of residence.
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