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HMRC internal manual

Double Taxation Relief Manual

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HM Revenue & Customs
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Ukraine: Capital gains

Article 13 of the agreement provides source state taxing rights over gains arising to a resident of either the United Kingdom or Ukraine from the disposal of immovable property, as defined in Article 6, situated in the other country (Article 13(1)). This does not affect the rights of the residence state to tax the gains as well. Domestic United Kingdom legislation does not, currently, allow for taxation of non-residents, so the provision in the agreement is ineffective at present.

Where a resident of one of the countries disposes of shares in a company (other than one whose shares are quoted on an approved Stock Exchange) whose assets consist mainly of land, or any type of immovable property situated in the other country, any gain arising may similarly be taxed in both states if their respective domestic laws permit (Article 13(2)). For the meaning of `quoted’ on a Stock Exchange see DT9886.