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ARTICLE 13

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

Capital Gains

(1) A resident of one of the Contracting States shall be taxable only in that State on gains from the sale or exchange of capital assets.

(2) Paragraph (1) of this Article shall not apply if (a) The gain is received by a resident of one of the Contracting States and arises out of the sale or exchange of property described in Article 6 (Income from Real Property) located within the other Contracting State or of the sale or exchange of shares or comparable interests in a real property cooperative or of a corporation whose assets consist principally of such property.

(b) The recipient of the gain, being a resident of one of the Contracting States, has a permanent establishment in the other Contracting State and the property giving rise to the gain is effectively connected with such permanent establishment, or

(c) The recipient of the gain, being an individual resident of one of the Contracting States (i) Maintains a fixed base in the other Contracting State and the property giving rise to such gain is effectively connected to such fixed base, or

(ii) Is present in the other Contracting State for a period or periods exceeding in the aggregate one hundred eighty-three days during the taxable year.

(3) In the case of gains described in paragraph (2)(b), the provisions of Article 7 shall apply.

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▸Contents — U.S. Income Tax Treaty — morocco.pdf
U.S. Income Tax Treaty — morocco.pdf

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