DT2520.13 - Argentina: double taxation agreement, Article 13: Capital gains

(1) Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 of this Convention and situated in the other Contracting State may be taxed in that other State.

(2) Gains derived by a resident of a Contracting State from the alienation of:

(a) shares, other than shares quoted on an approved Stock Exchange, deriving their value or the greater part of their value directly or indirectly from immovable property situated in the other Contracting State, or
(b) an interest in a partnership or trust the assets of which consist principally of immovable property situated in the other Contracting State, or of shares referred to in sub-paragraph (a) above,
may be taxed in that other State.

(3) Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such fixed base, may be taxed in that other State.

(4) Gains from the alienation of movable property which an enterprise of a Contracting State has in the other Contracting State for the purpose of its business activities shall be taxable only in the first mentioned State where the business profits derived by that enterprise are taxable only in that first mentioned State in accordance with Article 7 of this Convention.

(5) Gains derived by a resident of a Contracting State from the alienation of ships or aircraft operated in international traffic by an enterprise of that Contracting State or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State.

(6) Gains derived by a resident of a Contracting State from the alienation of any property situated in the other Contracting State, other than that property referred to in the preceding paragraphs of this Article, may be taxed in that other Contracting State. But in the case of gains derived from the disposal of shares the tax shall not exceed:

(a) 10 per cent. of the gain provided that, immediately before the disposal, the alienator controls, directly or indirectly, at least 25 per cent. of the voting power in the company in respect of which the share disposal is made;
(b) 15 per cent. of the gain in all other cases.

(7) Gains from the alienation of any property other than that property referred to in paragraphs (1), (2), (3), (4), (5), and (6) of this Article shall be taxable only in the Contracting State of which the alienator is a resident.