Capital gains allocation under DTAA: source State may tax immovable and PE-related transfers; shares taxable in issuer State. Allocation of taxation for capital gains distinguishes property categories: immovable property situated in the other Contracting State and movable property forming part of a permanent establishment may be taxed in the State where situated; gains from ships or aircraft in international traffic are taxable in the State of the enterprise's place of effective management; shares are taxable in the State of issuance; all other gains are taxable only in the alienator's State of residence. 'Alienation' covers sale, exchange, transfer, relinquishment, extinguishment of rights, or compulsory acquisition.
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 under DTAA: source State may tax immovable and PE-related transfers; shares taxable in issuer State.
Allocation of taxation for capital gains distinguishes property categories: immovable property situated in the other Contracting State and movable property forming part of a permanent establishment may be taxed in the State where situated; gains from ships or aircraft in international traffic are taxable in the State of the enterprise's place of effective management; shares are taxable in the State of issuance; all other gains are taxable only in the alienator's State of residence. "Alienation" covers sale, exchange, transfer, relinquishment, extinguishment of rights, or compulsory acquisition.
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