Capital gains sourcing rules: allocation of taxing rights for immovable property, PE/fixed base assets, and international-traffic exclusions. Article 13 grants taxing rights over capital gains: immovable property gains are taxable where the property is located; gains from movable property forming part of a permanent establishment or pertaining to a fixed base used for independent services may be taxed in the State where that PE or fixed base exists; gains from ships or aircraft operated in international traffic and their operational movable property are taxable only in the enterprise's State of residence; all other capital 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 sourcing rules: allocation of taxing rights for immovable property, PE/fixed base assets, and international-traffic exclusions.
Article 13 grants taxing rights over capital gains: immovable property gains are taxable where the property is located; gains from movable property forming part of a permanent establishment or pertaining to a fixed base used for independent services may be taxed in the State where that PE or fixed base exists; gains from ships or aircraft operated in international traffic and their operational movable property are taxable only in the enterprise's State of residence; all other capital gains are taxable only in the alienator's State of 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 
