Capital gains taxation: immovable property and PE-linked disposals allocate taxing rights to the State where assets or PE are situated. Capital gains from alienation of immovable property are taxable in the State where the property is situated. Gains from alienation of movable property forming part of a permanent establishment or pertaining to a fixed base used for professional services may be taxed in the State of that permanent establishment or fixed base, including disposals of the establishment or base. Ships and aircraft operated in international traffic and related movable property are taxable only in the enterprise's State of residence. Other gains are taxable only in the resident's State. 'Alienation' includes sale, transfer, extinguishment of rights, and compulsory acquisition.
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: immovable property and PE-linked disposals allocate taxing rights to the State where assets or PE are situated.
Capital gains from alienation of immovable property are taxable in the State where the property is situated. Gains from alienation of movable property forming part of a permanent establishment or pertaining to a fixed base used for professional services may be taxed in the State of that permanent establishment or fixed base, including disposals of the establishment or base. Ships and aircraft operated in international traffic and related movable property are taxable only in the enterprise's State of residence. Other gains are taxable only in the resident's State. "Alienation" includes sale, transfer, extinguishment of rights, and compulsory acquisition.
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 
