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Luxembourg - San Marino Tax Treaty (as amended by 2009 protocol) — Orbitax Tax Hub

Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

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 situated in the other Contracting State may be taxed in that other State.

(2) Gains derived from the alienation of movable property forming part of the business property of a permanent establishment that an enterprise of a Contracting State has in the other Contracting State including such gains from the alienation of such permanent establishment (alone or together with the whole enterprise) or fixed base, may be taxed in that other State.

(3) Gains derived from the alienation of ships or aircraft operated in international traffic, of boats used for internal navigation or of movable property pertaining to the operation of such ships, aircraft or boats shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.

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