DT8007 - Germany, Federal Republic: double taxation agreement, Article 8: Capital gains
Article 8 was substituted by SI 1971/874. The current Article 8 is as follows:
(1) Capital gains from the alienation of immovable property, as defined in paragraph (2) of Article 12, may be taxed in the territory in which such property is situated.
(2) Capital gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of one of the territories has in the other territory or of movable property pertaining to a fixed base available to a resident of one of the territories in the other territory for the purpose of performing professional services, including such gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such a fixed base, may be taxed in the other territory. However, gains from the alienation of movable property of the kind referred to in paragraph (3) of Article 16 shall be taxable only in the territory in which such movable property is taxable according to the said Article.
(3) Capital gains from the alienation of any property other than those mentioned in paragraphs (1) and (2) of this Article, shall be taxable only in the territory of which the alienator is a resident. Provided that this paragraph shall not affect the liability to United Kingdom tax on such gains of individuals who remain ordinarily resident in the United Kingdom and who are not subject to tax in the Federal Republic in respect of those gains.
