Can SCB confirm the treatment of capital gains under the provisions of the DTA between Thailand and Ireland? The DTA will be applicable from January 1, 2014. It appears that under the provisions of the DTA there is an exemption from the statutory 15% capital gains tax assessed on the sale of Thai securities. However, capital gains tax will continue to be assessed on Thai securities, which derive more than 50% of their asset value directly or indirectly from immovable property in Thailand. This last point seems to be limited by whether such securities are listed on a recognized stock exchange, see paragraph 2 below.
Does this mean that gains from the sale of shares which are listed on a recognized stock exchange and where more than 50% of their asset value is derived directly or indirectly from immovable property in Thailand is exempt from CGT? Thank you.
Article 13
CAPITAL GAINS
[Compare: OECD Model | UN Model | Other Treaty/Model]
1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other State.
2. Gains derived by a resident of a contracting State from the alienation of shares, other than shares quoted on a recognized stock exchange, deriving more than 50 per cent of their value directly or indirectly from immovable property situated in the other Contracting State may be taxed in that State.
3. Gains, other than those dealt with in paragraph 2, 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 a fixed base, may be taxed in that other State.
4. Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State.
5. 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.
6. The provisions of paragraph 5 shall not affect the right of a Contracting State to levy, according to its law, a tax on 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 State at any time during the three years immediately preceding the alienation of the property.