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 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 a Contracting State has in the other Contracting State or of movable property pertaining to a resident of 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) may be taxed in the other State. However, gains from the alienation of ships and aircraft operated in international traffic and movable property pertaining to the operation of such ships or aircraft by an enterprise of a Contracting State shall be taxable only in that State. 3. Gains from the alienation of shares of a company, or of an interest in a partnership or a trust, the property of which consists principally of immovable property as defined in paragraph 2 of Article 6, may be taxed in the Contracting State in which such immovable property is situated. 4. Gains from the alienation of any property, other than those mentioned in paragraphs 1, 2 and 3, shall be taxable only in the Contracting State of which the alienator is a resident. 5. The provisions of paragraph 4 shall not affect the right of either of the Contracting 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 Contracting 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, property 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 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 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. However, gains from the alienation of ships and or aircraft operated by an enterprise of a Contracting State in international traffic and movable property pertaining to the operation of such ships or aircraft by an enterprise of a Contracting State aircraft, shall be taxable only in that Contracting State. 3. Gains from the alienation of shares of a company, or the property of which consists principally of immovable property situated in a Contracting State, may be taxed in that State. Gains from the alienation of an interest in a partnership or a trust, the property of which consists principally of immovable property as defined situated in paragraph 2 of Article 6a Contracting State, may be taxed in the Contracting State in which such immovable property is situatedthat State. 4. Gains from the alienation of any property, other than those mentioned in paragraphs 1, 2 and 3, 3 shall be taxable only in the Contracting State of which the alienator is a resident. 5. The provisions of paragraph 4 shall not affect the right of either of the Contracting 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 Contracting State and if the alienator has been a resident of the first-mentioned State at any time during the six five 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, property 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 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 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. However, gains derived by an enterprise of a Contracting State from the alienation of ships and aircraft operated in international traffic and movable property pertaining to the operation of such ships or aircraft by an enterprise of a Contracting State aircraft, shall be taxable only in that State. 3. Gains from the alienation of shares of a company, or the property of which consists principally of immovable property situated in a Contracting State, may be taxed in that State. Gains from the alienation of an interest in a partnership or a trust, the property of which consists principally of immovable property as defined situated in paragraph 2 of Article 6a Contracting State, may be taxed in the Contracting State in which such immovable property is situatedthat State. 4. Gains from the alienation of any property, other than those mentioned in paragraphs 1, 2 and 3, 3 shall be taxable only in the Contracting State of which the alienator is a resident. 5. The provisions of paragraph 4 shall not affect the right of either of the Contracting States State 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 Contracting 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 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 shares, rights or an interest in a company, in any other legal person or in a partnership, the assets of which consist principally of, or of rights in, immovable propertyproperty situated in a Contracting State or of shares in a company the assets of which consist principally of, as defined or of rights in, such immovable property situated in paragraph 2 of Article 6, a Contracting State may be taxed in the Contracting State in which such the immovable property is situatedsituated where, under the laws of that State, such gains are subject to the same taxation rules as gains from the alienation of immovable property. 3. Gains, other than those dealt with in paragraph 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 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 fixed base, may be taxed in the that other State 4. However, gains Gains derived by an enterprise of 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 by an enterprise of a Contracting State aircraft, shall be taxable only in that State. 3. Gains from the alienation of shares of a company, or of an interest in a partnership or a trust, the property of which consists principally of immovable property as defined in paragraph 2 of Article 6, may be taxed in the Contracting State in which such immovable property is situated. 45. Gains from the alienation of any property, other than those mentioned that referred to in paragraphs 1, 2 and 3the preceding paragraphs, shall be taxable only in the Contracting State of which the alienator is a resident. 5. The provisions of paragraph 4 shall not affect the right of either of the Contracting 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 Contracting 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 6VI, may be taxed in the Contracting State in which such property is situated.. FBR, Government of Pakistan 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 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. However, gains from the alienation of ships and aircraft operated by an enterprise of a Contracting State in international traffic and movable property pertaining to the operation of such ships or aircraft by an enterprise of a Contracting State aircraft, shall be taxable only in that Contracting State. 3. Gains from the alienation of shares of a company, or of an interest in a partnership or a trust, the property of which consists principally of immovable property as defined in paragraph 2 of Article 6VI, may be taxed in the Contracting State in which such immovable property is situated. 4. Gains from the alienation of shares forming part of a substantial interest in the share capital of a company which is a resident of a Contracting State may be taxed in that State. For the purposes of this paragraph, a substantial interest exists when the alienator, alone or together with associated persons, owns directly or indirectly 25 per cent or more of the shares of any class of the share capital of a company. 5. Gains from the alienation of any property, other than those mentioned in paragraphs 1, 2 2, 3 and 3, 4 shall be taxable only in the Contracting State of which the alienator is a resident. 56. The provisions of paragraph 4 5 shall not affect the right of either of the Contracting 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 Contracting 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 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 Contracting 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 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 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 fixed base, may be taxed in the that other State. 3. However, gains Gains from the alienation of ships and or aircraft operated by an enterprise of a Contracting State in international traffic and or movable property pertaining to the operation of such ships or aircraft by an enterprise of a Contracting State aircraft, shall be taxable only in that Statethe Contracting State of which the enterprise is a resident. 34. Gains derived by a resident of a Contracting State from the alienation of: (a) shares or comparable interests deriving their value or the greater part of shares of a companytheir value directly or indirectly from immovable property situated in the other Contracting State, or of or (b) an interest in a partnership or a trust, trust the property assets of which consists consist principally of immovable property as defined in paragraph 2 of Article 6, may be taxed situated in the other Contracting State State, or of shares referred to in which such immovable property is situated.subparagraph (a) above, 45. Gains from the alienation of any property, property other than those mentioned that referred to in paragraphs 1, 2 2, 3 and 3, 4 shall be taxable only in the Contracting State of which the alienator is a resident. 56. The provisions of paragraph 4 5 shall not affect the right of either of the a Contracting States State 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 Contracting State and has been a resident of the first-mentioned State at any time during the six three years immediately preceding the alienation of the propertyproperty if the property was held by the individual before he became a resident of that other State.

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 Contracting 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 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 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 fixed base, may be taxed in the that other State. 3. However, gains Gains from the alienation of ships and or aircraft operated by an enterprise of a Contracting State in international traffic and or movable property pertaining to the operation of such ships or aircraft by an enterprise of a Contracting State aircraft, shall be taxable only in that Statethe Contracting State of which the enterprise is a resident. 34. Gains derived by a resident of a Contracting State from the alienation of: 1. shares or comparable interests deriving their value or the greater part of shares of a companytheir value directly or indirectly from immovable property situated in the other Contracting State, or of or 2. an interest in a partnership or a trust, trust the property assets of which consists consist principally of immovable property as defined situated in paragraph 2 the other Contracting State, or of Article 6shares referred to in subparagraph (a) above, may be taxed in the Contracting State in which such immovable property is situatedthat other State. 45. Gains from the alienation of any property, property other than those mentioned that referred to in paragraphs 1, 2 2, 3 and 3, 4 shall be taxable only in the Contracting State of which the alienator is a resident. 56. The provisions of paragraph 4 5 shall not affect the right of either of the a Contracting States State 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 Contracting State and has been a resident of the first-mentioned State at any time during the six three years immediately preceding the alienation of the propertyproperty if the property was held by the individual before he became a resident of that other State.

GAINS FROM THE ALIENATION OF PROPERTY. 1. Gains from the alienation of immovable property, as defined in paragraph 2 of Article 6, property 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 enterp rise 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 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. However, gains from the alienation of ships and or aircraft operated in international traffic and movable property pertaining to the operation of such ships or aircraft by an enterprise of a Contracting State aircraft, shall be taxable only in that Statethe other Contracting State in which such property is taxable according to paragraph 3 of Article XXIII. 3. Gains from the alienation of of (a) shares of a company, or the property of which consists principally of immovable property situated in a Contracting State, and (b) an interest in a partnership or a trust, the property of which consists principally of immovable property as defined situated in paragraph 2 of Article 6a Contracting State, may be taxed in that State. For the Contracting State purposes of this paragraph the term "immovable property" includes the shares of a company referred to in which such immovable property is situatedsubparagraph (a) or an interest in a partnership or a trust referred to in subparagraph (b). 4. Gains from the alienation of any property, other than those mentioned in paragraphs 1, 2 and 3, 3 shall be taxable only in the Contracting State of which the alienator is a resident. 5. The provisions of paragraph 4 shall not affect the right of either of the Contracting 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 Contracting State and has been a resident of the first-mentioned State at any time during the six ten years immediately preceding the alienation of the property.