Common use of GAINS FROM THE ALIENATION OF PROPERTY Clause in Contracts

GAINS FROM THE ALIENATION OF PROPERTY. 1. Gains from the alienation of immovable property, as defined in paragraph 2 of Article 6, may be taxed in the State in which such property is situated. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of one of the States has in the other State, or of movable property pertaining to a fixed base available to a resident of one of the States in the other State for the purpose of performing professional services, including such gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such a fixed base, may be taxed in the other State. 3. Notwithstanding the provisions of paragraph 2, gains derived by an enterprise of one of the States from the alienation of ships and aircraft operated in international traffic and movable property pertaining to the operation of such ships or aircraft shall be taxable only in that State. 4. Gains from the alienation of any property other than those mentioned in paragraphs 1, 2 and 3, shall be taxable only in the State of which the alienator is a resident. 5. The provisions of paragraph 4 shall not affect the right of each of the States to levy according to its domestic law a tax on gains from the alienation of any property derived by an individual who is a resident of the other State and has been a resident of the first–mentioned State at any time during the six years immediately preceding the alienation of the property.

GAINS FROM THE ALIENATION OF PROPERTY. 1. Gains from the alienation of immovable property, as defined in paragraph 2 of Article 6, may be taxed in the Contracting State in which such property is situated. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of one of the States a Contracting State has in the other State, Contracting State or of movable property pertaining to a fixed base available to a resident of one of the States a Contracting State in the other Contracting State for the purpose of performing professional services, including such gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such a fixed base, may be taxed in the that other State. 3. Notwithstanding the provisions of paragraph 2, gains Gains derived by an enterprise of one of the States a Contracting State from the alienation of ships and or aircraft operated in international traffic and or movable property pertaining to the operation of such ships or aircraft aircraft, shall be taxable only in that State. 4. Gains from the alienation of any property or assets, other than those mentioned referred in paragraphs 1, 2 and 3, 3 of this Article shall be taxable only in the Contracting State of which the alienator is a resident. 5. The provisions of Nothing in this paragraph 4 shall not affect prevent either Contracting State from taxing the right of each of the States to levy according to its domestic law a tax on gains or income from the alienation sale or transfer of any property derived by an individual who is a resident of the shares or other State and has been a resident of the first–mentioned State at any time during the six years immediately preceding the alienation of the propertysecurities.

GAINS FROM THE ALIENATION OF PROPERTY. 1. Gains derived by a resident of a Contracting State from the alienation of immovable property, as defined property referred to in paragraph 2 of Article 6, 6 and situated in the other Contracting State may be taxed in the State in which such property is situatedthat other State. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of one of the States a Contracting State has in the other State, Contracting State or of movable property pertaining to a fixed base available to a resident of one of the States a Contracting State in the other Contracting State for the purpose of performing professional independent personal services, including such gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such a fixed base, may be taxed in the that other State. 3. Notwithstanding the provisions of paragraph 2, gains Gains derived by an enterprise of one of the States a Contracting State from the alienation of ships and or aircraft operated in international traffic and traffic, or movable property pertaining to the operation of such ships or aircraft shall be taxable only in that State. 4. Gains from the alienation of shares of a company the property of which consists wholly or principally of immovable property situated in a Contracting State may be taxed in that State. 5. Gains from the alienation of any property other than those mentioned that referred to in paragraphs 1, 2 2, 3 and 3, 4 shall be taxable only in the State of which the alienator is a resident. 5. The provisions of paragraph 4 shall not affect the right of each of the States to levy according to its domestic law a tax on gains from the alienation of any property derived by an individual who is a resident of the other State and has been a resident of the first–mentioned State at any time during the six years immediately preceding the alienation of the property.

GAINS FROM THE ALIENATION OF PROPERTY. 1. Gains from the alienation of immovable property, as defined in paragraph 2 of Article 6, may be taxed in the State in which such property is situated. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of one of the States has in the other State, or of movable property pertaining to a fixed base available to a resident of one of the States in the other State for the purpose of performing professional services, including such gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such a fixed base, may be taxed in the other State. 3. Notwithstanding the provisions of paragraph 2, gains derived by an enterprise of one of the States from the alienation of ships and aircraft operated in international traffic and movable property pertaining to the operation of such ships or aircraft shall be taxable only in that State. 4. Gains from the alienation of any property other than those mentioned in paragraphs 1, 2 and 3, shall be taxable only in the State of which the alienator is a resident. 5. The provisions of paragraph 4 shall not affect the right of each of the States to levy according to its domestic law a tax on gains from the alienation of any property derived by an individual who is a resident of the other State and has been a resident of the first–-mentioned State at any time during the six years immediately preceding the alienation of the property.