Capital gains allocation: treaty assigns source and residence taxing rights for immovable property, PEs, ships, and shares. Article 13 allocates taxation of capital gains: immovable property situated in the other Contracting State may be taxed by that State; gains from movable property forming part of a permanent establishment or fixed base in the other State, including on alienation of that establishment or base, may be taxed by that State; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains on shares of companies principally owning immovable property may be taxed in the State where that immovable property is situated; gains on other shares of a resident company may be taxed in the company's State of residence; 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: treaty assigns source and residence taxing rights for immovable property, PEs, ships, and shares.
Article 13 allocates taxation of capital gains: immovable property situated in the other Contracting State may be taxed by that State; gains from movable property forming part of a permanent establishment or fixed base in the other State, including on alienation of that establishment or base, may be taxed by that State; gains from ships or aircraft in international traffic are taxable only in the alienator's State of residence; gains on shares of companies principally owning immovable property may be taxed in the State where that immovable property is situated; gains on other shares of a resident company may be taxed in the company's State of residence; other gains are taxable only in the alienator's State of residence.
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