Capital gains taxation: treaty allocates taxing rights between source State and residence based on asset type. Article 15 assigns taxing rights by asset category: immovable property is taxable in the State where situated; movable property of a permanent establishment or fixed base is taxable in the State of that permanent establishment or fixed base (including disposals of the establishment or base); ships, aircraft and related movable property used in international traffic are taxable only in the State of the enterprise's place of effective management; shares of companies whose property principally consists of immovable property may be taxed where the immovable property is situated; all other capital gains are taxable only in the State of the alienator's 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: treaty allocates taxing rights between source State and residence based on asset type.
Article 15 assigns taxing rights by asset category: immovable property is taxable in the State where situated; movable property of a permanent establishment or fixed base is taxable in the State of that permanent establishment or fixed base (including disposals of the establishment or base); ships, aircraft and related movable property used in international traffic are taxable only in the State of the enterprise's place of effective management; shares of companies whose property principally consists of immovable property may be taxed where the immovable property is situated; all other capital gains are taxable only in the State of the alienator's residence.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
