Capital gains taxation: immovable property and permanent establishment disposals may be taxed by the source State. Article 13 grants source-state taxing rights over capital gains from alienation of immovable property situated in that State and over gains from movable property forming part of a permanent establishment or fixed base in that State; it confines taxation of gains from ships or aircraft in the enterprise's residence State; permits source-state taxation of gains from disposals of shares or interests whose assets consist principally of immovable property situate in that State; allows the other State to tax disposals of shares in resident companies; and assigns all other gains to 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: immovable property and permanent establishment disposals may be taxed by the source State.
Article 13 grants source-state taxing rights over capital gains from alienation of immovable property situated in that State and over gains from movable property forming part of a permanent establishment or fixed base in that State; it confines taxation of gains from ships or aircraft in the enterprise's residence State; permits source-state taxation of gains from disposals of shares or interests whose assets consist principally of immovable property situate in that State; allows the other State to tax disposals of shares in resident companies; and assigns all other gains to the alienator's State of residence.
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