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ARTICLE 13

U.S. Income Tax Treaty — belgium tax treaty documents: belgtech.pdf · 2026-10-03 edition · updated 2026-10-04 · United States

Capital Gains

The existing Convention provides no special rules for gains derived in one State from the sale or exchange of stock securities, commodities, or other capital assets by a resident of the other State. The proposed Convention provides that such gains shall be exempt from tax by the State of source. However, the exemption does not apply if

(1) the gain derived by a resident of one State arises out of the sale or exchange of property described in Article 6 (Income from Real Property) which is situated within the other State,

(2) the recipient of the gain has a permanent establishment or maintains a fixed base, or (3) the recipient of the gain being an individual resident of the first State is present in that other State for a period or periods aggregating 183 days or more in the taxable year.

Gains which are effectively connected with a permanent establishment may be taxed as industrial or commercial profits under Article 7 (Business Profits). Gains on real property are subject to the provisions of Article 6 (Income from Real Property) which permits taxation of such gains by the State in which the real property is situated. The Belgians do not tax capital gains of individuals arising from a casual sale of nonbusiness assets.

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▸Contents — U.S. Income Tax Treaty — belgium tax treaty documents: belgtech.pdf
U.S. Income Tax Treaty — belgium tax treaty documents: belgtech.pdf

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