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

GAINS FROM THE ALIENATION OF PROPERTY. (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 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 fixed base, may be taxed in that other State. (3) Gains from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State of which the enterprise is a resident. (4) Gains derived by a resident of a Contracting State from the alienation of shares or comparable interests in a company, the assets of which consist wholly or principally of immovable property situated in the other Contracting State, may be taxed in that other State. (5) Gains from the alienation of a participation of 25 percent or more in shares, other than those mentioned in paragraph 4, in a company which is a resident of a Contracting State may be taxed in that State. (6) 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.

GAINS FROM THE ALIENATION OF PROPERTY. (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: a) shares 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 other State; b) an interest in a partnership or trust the assets of which consist principally of immovable property situated in the other Contracting State, or of shares referred to in sub-paragraph (2a) above, may be taxed in that other State. 3. 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 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. (3) 4. Gains derived by a resident of Contracting State from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic traffic, or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State of which the enterprise is a resident. (4) Gains derived by a resident of a Contracting State from the alienation of shares or comparable interests in a company, the assets of which consist wholly or principally of immovable property situated in the other Contracting State, may be taxed in that other State. (5) Gains from the alienation of a participation of 25 percent or more in shares, other than those mentioned in paragraph 4, in a company which is a resident of a Contracting State may be taxed in that State. (6) . Gains from the alienation of any property, property other than that referred to in the preceding paragraphs 1, 2, 3, 4 and 5of this Article, shall be taxable only in the Contracting State of which the alienator is a resident.

GAINS FROM THE ALIENATION OF PROPERTY. (1) . Gains derived by a resident of a Contracting State Party from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State Party may be taxed in that other StateParty. (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 Party has in the other Contracting State Party or of movable property pertaining to a fixed base available to a resident of a Contracting State Party in the other Contracting State Party 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 fixed base, may be taxed in that other StateParty. (3) . Gains derived by an enterprise of a Contracting Party from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic or movable property pertaining to the operation of such ships or aircraft, aircraft shall be taxable only in that Contracting State of which the enterprise is a residentParty. (4) . Gains derived by a resident of a Contracting State Party from the alienation of shares of or comparable interests participation in a company, the assets of which consist wholly consist, directly or principally indirectly, mainly of immovable property situated in the other Contracting State, Party may be taxed in that other StateParty. (5) . Gains derived from the alienation of a participation of 25 percent or more in shares, other than those mentioned the shares referred to in paragraph 4, in of not less than 15 per cent of the entire shareholding of a company which is a resident of a Contracting State Party may be taxed in that StateContracting Party. (6) . 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 Party of which the alienator is a resident.

GAINS FROM THE ALIENATION OF PROPERTY. (1) Gains derived by a resident of a Contracting State from the alienation of immovable property property, referred to in Article 6 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 traded on a recognised Stock Exchange, deriving at least three-quarters of their value directly or indirectly from immovable property situated in the other Contracting State may be taxed in that other State. (3) 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 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 together with the whole enterprise) or of such fixed base, may be taxed in that other State. (34) Gains from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State of which the enterprise is a resident. (4) Gains derived by a resident of a Contracting State from the alienation of shares or comparable interests in a company, the assets of which consist wholly or principally of immovable property situated in the other Contracting State, may be taxed in that other State. (5) Gains from the alienation of a participation of 25 percent or more in shares, other than those mentioned in paragraph 4, in a company which is a resident of a Contracting State may be taxed in that State. (6) Gains from the alienation of any property, other than that referred to in paragraphs 1, 2, 3, 4 and 5, aircraft shall be taxable only in the Contracting State of which the alienator is a resident. (5) Gains from the alienation of any property other than that referred to in the preceding paragraphs of this Article shall be taxable only in the Contracting State of which the alienator is a resident.

GAINS FROM THE ALIENATION OF PROPERTY. (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 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 fixed base, may be taxed in that other State. (3) . Gains from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that the Contracting State of which the enterprise is a resident. (4) . Gains derived by a resident of a Contracting State from the alienation of shares of the capital stock or of a comparable interests interest in a company, the assets property of which consist wholly consists directly or principally indirectly in more than 50 per cent of immovable property situated in the other Contracting State, may be taxed in that other State. (5) . Gains derived by a resident of a Contracting State from the alienation of a participation shares or comparable interests representing the capital of 25 percent or more in shares, other than those mentioned in paragraph 4, in a company which that is a resident of a the other Contracting State may be taxed in that Stateother Contracting State if such shares or comparable interests represent 25 per cent or more of the capital of that company. (6) . Gains from the alienation of any property, property other than that referred to in paragraphs 1, 2, 3, 4 and 5, 5 shall be taxable only in the Contracting State of which the alienator is a resident.

GAINS FROM THE ALIENATION OF PROPERTY. (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 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 fixed base, may be taxed in that other State. (3) . Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State of which the enterprise is a resident. (4) Gains derived by a resident of a Contracting State from the alienation of shares or comparable interests in a company, the assets of which consist wholly or principally of immovable property situated in the other Contracting State, may be taxed in that other State. (5) Gains from the alienation of a participation of 25 percent or more in shares, other than those mentioned in paragraph 4, in a company which is a resident of a Contracting State may be taxed in that State. (6) . Gains from the alienation of any property, property other than that referred to in paragraphs 1, 2, 3, 4 1,2 and 53 of this Article and paragraph 3 of Article 12, shall be taxable only in the Contracting State of which the alienator is a resident. 5. Notwithstanding the provisions of paragraph 4, gains from the alienation of shares or similar rights in a company which is a resident of a Contracting State may be taxed in that state.

GAINS FROM THE ALIENATION OF PROPERTY. (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 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 fixed base, may be taxed in that other State. (3) . Gains from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic traffic, or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State of which the enterprise is a residentState. (4) . Gains derived by a resident of a Contracting State from the alienation of shares or comparable interests interest in a company, the assets of which consist wholly or principally of immovable property situated in the other Contracting State, may be taxed in that other State. (5) . Gains from the alienation of a participation of 25 percent or more in shares, shares other than those mentioned in paragraph 4, 4 in a company which is a resident of a Contracting State may be taxed in that State. (6) . Gains from the alienation of any property, property other than that referred to in paragraphs 1, 22 , 3, 4 and 5, 5 shall be taxable only in the Contracting State of which the alienator is a resident.

GAINS FROM THE ALIENATION OF PROPERTY. (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 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 together with the whole enterprise) or of such fixed base, base may be taxed in that other State. (3) . Gains from the alienation of ships or aircraft operated derived by an enterprise of a Contracting State from the alienation of ships and aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State of which the enterprise is a residentState. (4) . Gains derived by a resident of a Contracting State from the alienation of shares or comparable interests in of a company, the assets property of which consist wholly or consists principally of immovable property situated in the other a Contracting State, may be taxed in that other State. (5) . Gains from the alienation of an interest in a participation partnership or a trust, the property of 25 percent or more which consists principally of immovable property situated in sharesa Contracting State, may be taxed in that State. 5. Gains from alienation of shares in a company other than those mentioned in paragraph 41, in a company which is a resident of a Contracting State may be taxed in that State. (6) . Gains from the alienation of any property, other than that referred to those mentioned in paragraphs 1, 2, 3, 4 and 5, 5 shall be taxable only in the Contracting State of which the alienator is a resident.

GAINS FROM THE ALIENATION OF PROPERTY. (1) . Gains derived by a resident of a Contracting State from the alienation of immovable property referred to as defined in Article 6 and situated in the other Contracting State may be taxed in that other Statethe Contracting State in which such property is situated. (2) . Gains from the alienation of movable property other than immovable 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 other than immovable 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 fixed base, may be taxed in that other State. (3) . Gains from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic or movable property other than immovable property pertaining to the operation of such ships or aircraft, shall be taxable only in that the Contracting State of which the enterprise is a resident. (4) . Gains derived by a resident of a Contracting State from the alienation of shares or comparable interests in of the capital stock of a company, company the assets of which consist wholly or principally of immovable property situated in the other Contracting State, may be taxed in that other State. (5) . Gains from the alienation of a participation of 25 percent or more in shares, shares other than those mentioned in paragraph 4, 4 in a company which is a resident of a Contracting State may be taxed in that State. (6) . Gains from the alienation of any property, property other than that referred to in paragraphs 1, 2, 3, 4 and 5, shall be taxable only in the Contracting Contacting State of which the alienator is a resident.

GAINS FROM THE ALIENATION OF PROPERTY. (1) . Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article -Article 6 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 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 fixed base, may be taxed in that other State. (3) Gains from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State of which the enterprise is a resident. (4) . Gains derived by a resident of a Contracting State from the alienation of shares or comparable interests in a companyof: a) shares, the assets value of which consist wholly or is derived principally of from immovable property situated in the other Contracting State, or b) an interest in a partnership or trust, the value of which is derived principally from immovable property situated in that other State, may be taxed in that other State. (5) 4. Gains from the alienation of a participation of 25 percent ships, boats or more aircraft operated in shares, other than those mentioned in paragraph 4, in a company which is a resident international traffic by an enterprise of a Contracting State may State, or movable property pertaining to the operation of such ships, boats or aircraft shall be taxed taxable only in that Contracting State. (6) 5. Gains from the alienation of any property, property other than that referred to in paragraphs 1, 2, 3, and 4 and 5, shall be taxable only in the Contracting State of which the alienator is a resident.

GAINS FROM THE ALIENATION OF PROPERTY. (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 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 fixed base, may be taxed in that other State. (3) . Gains from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic traffic, or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State of which the enterprise is a residentState. (4) . Gains derived by a resident of a Contracting State from the alienation of shares or comparable interests in a company, the assets of which consist wholly or principally of immovable property situated in the other Contracting State, may be taxed in that other State. (5) . Gains from the alienation of a participation of 25 percent or more in shares, shares other than those mentioned in paragraph 4, 4 in a company which is a resident of a Contracting State may be taxed in that State. (6) . Gains from the alienation of any property, property other than that referred to in paragraphs 1, 2, 3, 4 and 5, 5 shall be taxable only in the Contracting State of which the alienator is a resident.

GAINS FROM THE ALIENATION OF PROPERTY. (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 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 fixed base, may be taxed in that other State. (3) . Gains from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that the Contracting State of which the enterprise is a resident. (4) . Gains derived by a resident of a Contracting State from the alienation of of: (a) shares or comparable interests deriving their value or the greater part of their value directly or indirectly from immovable property situated in the other Contracting State, or (b) an interest in a company, partnership or trust the assets of which consist wholly or principally of immovable property situated in the other Contracting State, or of shares referred to in subparagraph (a) above, may be taxed in that other State. (5) Gains from the alienation of a participation of 25 percent or more in shares, other than those mentioned in paragraph 4, in a company which is a resident of a Contracting State may be taxed in that State. (6) . Gains from the alienation of any property, property other than that referred to in paragraphs 1, 2, 3, 3 and 4 and 5, shall be taxable only in the Contracting State of which the alienator is a resident.