Capital gains taxation allocates taxing rights between source and residence for immovable property, permanent establishments and shares. Immovable property located in the other Contracting State may be taxed at source. Movable property forming part of a permanent establishment, or movable property connected with a fixed base for independent services, and disposals of such establishments or bases may be taxed in the State where they are situated. Ships and aircraft in international traffic and related movable property are taxable only in the enterprise's State of residence. Shares principally deriving value from immovable property may be taxed in the State where that property is located; other shares may be taxed in the company'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 taxation allocates taxing rights between source and residence for immovable property, permanent establishments and shares.
Immovable property located in the other Contracting State may be taxed at source. Movable property forming part of a permanent establishment, or movable property connected with a fixed base for independent services, and disposals of such establishments or bases may be taxed in the State where they are situated. Ships and aircraft in international traffic and related movable property are taxable only in the enterprise's State of residence. Shares principally deriving value from immovable property may be taxed in the State where that property is located; other shares may be taxed in the company's State of residence. All other capital gains are taxable only in the alienator's State of residence.
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