alienation means the sale, exchange, transfer, or relinquishment of the property or the extinguishment of any rights therein or the compulsory acquisition thereof under any law in force in the respective Contracting States.
alienation is used in connection with events giving rise to capital gains. This will include normal disposals of assets and also events such as exchange of assets, expropriation, gifts and the passing of assets to another on death. Not all States levy tax in all these situations, but the meaning of the term “alienation” is sufficiently wide to give them the right to do so if their domestic law provides for a charge to tax in a particular situation. Some particular cases where the general rule applies are set out: • There is the usual rule that gains on alienation of movable property forming part of the assets of a permanent establishment may be taxed by the Contracting State where the permanent establishment is situated, including gains from the alienation of the permanent establishment, whether or not as part of the alienation of the whole enterprise. Thus, for example, the sale of a wholly owned company resident in State A and owned by a resident of State A could give rise to a tax charge in State B if that company has a permanent establishment in State B. This would be covered by the general rule giving the situs State taxing rights but is set out for completeness. • Gains from the disposal (alienation) of shares in a company whose underlying assets consist mainly (whether directly or indirectly) of immovable property situated in the other State may be taxed by the State in which the property is located. • Gain from the disposal (alienation) of shares in any other company where the shares disposed of represent a participation in the company of at least 25% may be taxed in the State in which the company is resident. Paragraph 6 states the general rule under the UN Model Treaty, that gains derived from any property other than that dealt with specifically above may be taxed in the State where the property is situated. This does not oblige the situs State to tax the gain but gives it the right to do so if it chooses.
alienation means a transfer or any other type of alienation (including the act of handover as a non-pecuniary contribution), or letting, handover for use (on a usufructuary or lease basis) or other legal transaction as a result of which the owner of an item of property (the person entitled to dispose over it) changes, including any case where such right of disposal is exercised on the basis of a legal regulation or a resolution of a court or other authority, or otherwise, regardless of the disposing person's transactional intent, and the term ‘to alienate’ shall be interpreted in accordance therewith;
Examples of alienation in a sentence
Alienation is defined in relation to the idea that human beings should understand their inner nature as made for each other, and ultimately made for God.
More Definitions of alienation
alienation means the transfer of custody and control of records and information assets, whether or not such records have completed the records life cycle, to an entity or person not governed by this Administrative Order;
alienation. – shall mean any sale, transfer, donation, rent, lease, mortgage, assignment, restrictions of use (physical or legal) or any other assignment, as well as allowing any assignment towards any other activity of the Licensee or any third party.
alienation means the withdrawal of a person from the society in which he or she lives and of his or her commitment to its values;
alienation means the sale, lease or other disposal by a document of title of State land by or on behalf of the Government;
alienation means sale, gift, mortgage with possession or exchange but shall not include gift in favour of an heir;
alienation. , in relation to Niuean land, means the making or grant of any transfer, sale, gift, lease, licence, easement, profit, mortgage, charge, encumbrance, trust, or other disposition, whether absolute or limited, and whether legal or equitable; and includes a contract to make any such alienation, and also includes the surrender or variation of a lease, licence, easement, or profit and the variation of the terms of any other alienation as hereinbefore defined;
alienation. , in relation to Niuean land, means the making or grant of any transfer, sale, gift, lease, licence, easement, profit,