Capital gains taxation: source State may tax gains from alienation of immovable property and certain business assets. Capital gains from alienation of immovable property located in the other Contracting State may be taxed in that State. Gains from alienation of movable property forming part of a permanent establishment or pertaining to a fixed base in the other State, including disposal of that establishment or base, may be taxed in that State. Gains from ships or aircraft in international traffic are taxable only in the enterprise's State. Share gains tied principally to immovable property may be taxed in the State of that property; other share gains may be taxed in the company's State of residence. Other 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 taxation: source State may tax gains from alienation of immovable property and certain business assets.
Capital gains from alienation of immovable property located in the other Contracting State may be taxed in that State. Gains from alienation of movable property forming part of a permanent establishment or pertaining to a fixed base in the other State, including disposal of that establishment or base, may be taxed in that State. Gains from ships or aircraft in international traffic are taxable only in the enterprise's State. Share gains tied principally to immovable property may be taxed in the State of that property; other share gains may be taxed in the company's State of residence. Other gains are taxable only in the alienator's State of residence.
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