DT5962 - DT: Denmark: double taxation agreement, Article 13: Capital gains
- Gains derived by a resident of a Contracting State from the
alienation of immovable property referred to in Article 6 and
situated in the other Contracting State may be taxed in that other
State.
- 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 a
fixed base, may be taxed in that other State.
- 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.
With respect to gains derived by the Danish, Norwegian and Swedish air transport consortium known as the Scandinavian Airlines System (SAS), the provisions of this paragraph shall apply only to such proportion of the gains as corresponds to the participation in that consortium by Det Danske Luftfartsselskab (DDL), the Danish partner of the Scandinavian Airlines System (SAS).
- Gains derived by a resident of a Contracting State from the
alienation of-
- exploration or exploitation rights, or
- property situated in the other Contracting State and used in
connection with offshore activities, as defined in paragraph (1) of
Article 28A of this Convention, carried on in that other State, or
- shares deriving their value or the greater part of their value
directly or indirectly from such rights or such property or from
such rights and such property taken together,
may be taxed in that other State.
In this paragraph 'exploration or exploitation rights' means rights to assets to be produced by the exploration or exploitation of the sea-bed and subsoil and their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets.
- A gain on property referred to in sub-paragraph (b) of
paragraph (4) of this Article which is deemed to be derived by a
resident of a Contracting State when an activity in which the
property is used ceases to be subject to tax in the other State
shall not be taxed by that other State.
- Gains from the alienation of any property other than that
referred to in paragraphs (1), (2), (3) and (4) of this Article,
shall be taxable only in the Contracting State of which the
alienator is a resident.
