Capital gains taxation allocates taxing rights by property type and by residence or presence of the alienator. Allocation of taxing rights for capital gains is determined by property type and the alienator's residence or presence. Immovable property situated in a Contracting State may be taxed by that State. Gains from movable property forming part of a permanent establishment or connected with a fixed base may be taxed by the State where that permanent establishment or fixed base is located, including gains from their alienation. Ships and aircraft in international traffic are taxable only in the enterprise's resident State. Shares deriving value from immovable property may be taxed where the immovable property is situated; other share or partnership gains are taxable only in the State of the alienator's residence, if taxable there.
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 by property type and by residence or presence of the alienator.
Allocation of taxing rights for capital gains is determined by property type and the alienator's residence or presence. Immovable property situated in a Contracting State may be taxed by that State. Gains from movable property forming part of a permanent establishment or connected with a fixed base may be taxed by the State where that permanent establishment or fixed base is located, including gains from their alienation. Ships and aircraft in international traffic are taxable only in the enterprise's resident State. Shares deriving value from immovable property may be taxed where the immovable property is situated; other share or partnership gains are taxable only in the State of the alienator's residence, if taxable there.
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