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ARTICLE 13

U.S. Income Tax Treaty — Jamaica Income Tax Treaty - 1980 · 2026-10-03 edition · updated 2026-10-04 · United States

Capital Gains

  1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 (Income From Immovable Property (Real Property)) and situated in the other Contracting State may be taxed in that other State.

  2. Gains 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 regularly 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 of such fixed base), may be taxed in that other State.

  3. Gains derived by an enterprise of a Contracting State from the alienation of ships, aircraft

or containers operated by such enterprise in international traffic shall be taxable only in that State.

  1. Jamaica may impose its transfer tax upon the alienation of property in accordance with the Transfer Tax Act as in effect on the date of signature of this Convention.

  2. Gains derived by a resident of a Contracting State from the alienation of

(a) Stock of a company the value of which is derived principally from immovable property situated in the other Contracting State; or

(b) An interest in a partnership, trust, or estate the value of which is derived principally from immovable property situated in the other Contracting State may be taxed in the other State. For the purpose of this paragraph, the term "immovable property" includes the stock of a company referred to in subparagraph (a) or an interest in a partnership, trust, or estate referred to in subparagraph (b).

  1. Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3, 4 and 5 shall be taxable only in the Contracting State of which the alienator is a resident.

  2. Nothing in this Convention shall affect the right of a Contracting State to levy, according to its domestic law, a tax on gains from the alienation of property derived by an individual who is a resident of the other Contracting State and who was a national of the first-mentioned State at any time during the ten-year period immediately preceding the close of the taxable year in which such property was alienated.

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▸Contents — U.S. Income Tax Treaty — Jamaica Income Tax Treaty - 1980
U.S. Income Tax Treaty — Jamaica Income Tax Treaty - 1980

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