Capital gains taxation: State where immovable property or permanent establishment is located may tax gains from alienation. Article 13 allocates taxation of capital gains by property type and nexus: the State where immovable property is located may tax gains from its alienation; the State hosting a permanent establishment or fixed base may tax gains from disposal of movable property forming part of that business property or of the establishment or fixed base; gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence; shares principally deriving value from immovable property may be taxed where that property lies; other disposals remain 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 taxation: State where immovable property or permanent establishment is located may tax gains from alienation.
Article 13 allocates taxation of capital gains by property type and nexus: the State where immovable property is located may tax gains from its alienation; the State hosting a permanent establishment or fixed base may tax gains from disposal of movable property forming part of that business property or of the establishment or fixed base; gains from ships or aircraft in international traffic are taxable only in the enterprise's State of residence; shares principally deriving value from immovable property may be taxed where that property lies; other disposals remain 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 
