DT6720.13 - DT: Estonia: 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 of this
Convention and situated in the other Contracting State may be taxed
in that other State.
- Gains derived by a resident of a Contracting State from the
alienation of:
- 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
- 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.
- 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.
- Gains derived by an enterprise of a Contracting State from the
alienation of ships or aircraft operated in international traffic
by that enterprise or movable property pertaining to the operation
of such ships or aircraft, shall be taxable only in that
Contracting 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.
- The provisions of paragraph 5 of this Article shall not affect
the right of a Contracting State to levy according to its law a tax
on capital gains from the alienation of any property derived by an
individual who is a resident of the other Contracting State and has
been a resident of the first-mentioned Contracting State at any
time during the five years immediately preceding the alienation of
the property.
