Capital taxation allocation: situs and business presence determine source taxation, with ships and other capital taxable in residence state. Capital taxation is allocated by asset type and business connection: immovable property is taxable in the State where situated; movable property forming part of a permanent establishment or pertaining to a fixed base for independent services may be taxed in the State where the establishment or fixed base is located; ships and aircraft in international traffic and their operational movable property are taxable only in the State of residence of the enterprise; all other capital elements of a resident are taxable only in the 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 taxation allocation: situs and business presence determine source taxation, with ships and other capital taxable in residence state.
Capital taxation is allocated by asset type and business connection: immovable property is taxable in the State where situated; movable property forming part of a permanent establishment or pertaining to a fixed base for independent services may be taxed in the State where the establishment or fixed base is located; ships and aircraft in international traffic and their operational movable property are taxable only in the State of residence of the enterprise; all other capital elements of a resident are taxable only in the State of residence.
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