Capital gains: immovable property taxed where located; PE and fixed-base assets taxed where they operate. Capital gains are allocated by asset type and location: gains from immovable property are taxable where situated; gains from movable property forming part of a permanent establishment or pertaining to a fixed base may be taxed where that permanent establishment or fixed base is located, including on alienation of the establishment or base; ships and aircraft operated in international traffic and their operational movable property are taxable only in the enterprise's State of residence; other gains are taxable only in the resident State. 'Alienation' covers sale, transfer, extinguishment of rights and 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: immovable property taxed where located; PE and fixed-base assets taxed where they operate.
Capital gains are allocated by asset type and location: gains from immovable property are taxable where situated; gains from movable property forming part of a permanent establishment or pertaining to a fixed base may be taxed where that permanent establishment or fixed base is located, including on alienation of the establishment or base; ships and aircraft operated in international traffic and their operational movable property are taxable only in the enterprise's State of residence; other gains are taxable only in the resident State. "Alienation" covers sale, transfer, extinguishment of rights and compulsory acquisition.
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