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 together with the whole enterprise) or of such a 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 in international 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 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 situated in a Contracting State, may be taxed in that State. 5. Income derived from the alienation of intangible property or information mentioned in paragraph 3 of Article 13 may be taxed in the Contracting State in which such income arises. 6. Income mentioned in paragraph 5 shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority, or a resident of that State. Where, however, the person paying the income whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or fixed base in connection with which the obligation to pay the income was incurred, and the payment of such income is borne by that permanent establishment or fixed base, then such income shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 7. Gains from the alienation of any property, other than those mentioned in paragraphs 1,2,3,4,and 5 shall be taxable only in the Contracting State of which the alienator is a resident. Nothing in this paragraph shall prevent either Contracting State from taxing the gains or income from the sale or transfer of shares or other securities.

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 property situated in a Contracting State or of shares in a company the assets of which consist principally of, or of rights in, such immovable property situated in a Contracting State may be taxed in the State in which the immovable property is situated 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, 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 a fixed base, may be taxed in that other State. 34. Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic 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 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 situated in a Contracting State, may be taxed in that State. 5. Income derived from the alienation of intangible property or information mentioned in paragraph 3 of Article 13 may be taxed in the Contracting State in which such income arises. 6. Income mentioned in paragraph 5 shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority, or a resident of that State. Where, however, the person paying the income whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or fixed base in connection with which the obligation to pay the income was incurred, and the payment of such income is borne by that permanent establishment or fixed base, then such income shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 7. Gains from the alienation of any property, other than those mentioned that referred to in paragraphs 1,2,3,4,and 5 the preceding paragraphs, shall be taxable only in the Contracting State of which the alienator is a resident. Nothing in this paragraph shall prevent either Contracting State from taxing the gains or income from the sale or transfer of shares or other securities.

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 paragraph 2 of 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 shares or other corporate rights in a company where more than one-half of the assets of the company consists of 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 avaible 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 a fixed base, may be taxed in that other State. 34. Gains derived by an enterprise a resident of a Contracting State from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State. 45. Gains derived by a resident of a Contracting State from the alienation of shares of a companyor other corporate rights, the property of which consists principally of immovable property situated other than those referred to in paragraph 2, in a company which is a resident of the other Contracting State, 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 situated in a Contracting other State, may be taxed in that State. 5. Income derived from where the alienation shares or other corporate rights alienated represent at least 15 per cent of intangible property or information mentioned in paragraph 3 the capital of Article 13 may be taxed in the Contracting State in which such income arisescompany. 6. Income mentioned in paragraph 5 shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority, or a resident of that State. Where, however, the person paying the income whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or fixed base in connection with which the obligation to pay the income was incurred, and the payment of such income is borne by that permanent establishment or fixed base, then such income shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 7. Gains from the alienation of any property, property other than those mentioned that referred to in the preceding paragraphs 1,2,3,4,and 5 of this Article shall be taxable only in the Contracting State of which the alienator is a resident. Nothing in this paragraph shall prevent either Contracting State from taxing the gains or income from the sale or transfer of shares or other securities.

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. 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 referred to in Article 6 and situated in the other Contracting State 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 a 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 in international 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 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 situated in a Contracting State, may be taxed in that State. 5. Income derived from the alienation of intangible property or information mentioned in paragraph 3 of Article 13 may be taxed in the Contracting State in which such income arises. 6. Income mentioned in paragraph 5 shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority, or a resident of that State. Where, however, the person paying the income whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or fixed base in connection with which the obligation to pay the income was incurred, and the payment of such income is borne by that permanent establishment or fixed base, then such income shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 7. Gains from the alienation of any property, property other than those mentioned that referred to in paragraphs 1,2,3,4,and 5 1 and 2, shall be taxable only in the Contracting State of which the alienator is a resident. Nothing in this paragraph shall prevent either However, gains derived by a resident of a Contracting State from taxing the alienation of shares or comparable interests in a company which is a resident of the other Contracting State and which primarily is or has been making passive investments in the form of acquiring shares, bonds or debentures or other securities or is or has been doing other purely financial transactions, may be taxed in that other State. 4. Notwithstanding the provisions of paragraph 3, gains or income from the sale or transfer alienation of shares or other securitiescorporate rights derived by an individual who has been a resident of a Contracting State and who has become a resident of the other Contracting State, may be taxed in the first-mentioned State if the alienation of the shares or other corporate rights occur at any time during the five years next following the date on which the individual has ceased to be a resident of the first-mentioned 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 together with the whole enterprise) or of such a 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 in international 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 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 situated in a Contracting State, may be taxed in that State. 5. Income derived from the alienation of intangible property or information mentioned in paragraph 3 of Article 13 may be taxed in the Contracting State in which such income arises. 6. Income mentioned in paragraph 5 shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority, or a resident of that State. Where, however, the person paying the income whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or fixed base in connection with which the obligation to pay the income was incurred, and the payment of such income is borne by that permanent establishment or fixed base, then such income shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 7. Gains from the alienation of any property, other than those mentioned in paragraphs 1,2,3,4,and 1, 2, 3, 4, and 5 shall be taxable only in the Contracting State of which the alienator is a resident. Nothing in this paragraph shall prevent either Contracting State from taxing the gains or income from the sale or transfer of shares or other securities.

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 Statethe Contracting State in which such property is situated. 2. Gains from the alienation of movable property forming a 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 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, base may be taxed in that the other State. 3. Gains However, gains derived by an enterprise of a Contracting State from the alienation of ships or and aircraft operated in international traffic or and movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State. 43. Gains from the alienation of shares of a company, 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 situated in a Contracting State, may be taxed in that State. 5. Income derived from the alienation of intangible property or information mentioned in paragraph 3 of Article 13 may be taxed in the Contracting State in which such income arises. 6. Income mentioned in paragraph 5 shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority, or a resident of that State. Where, however, the person paying the income whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or fixed base in connection with which the obligation to pay the income was incurred, and the payment of such income is borne by that permanent establishment or fixed base, then such income shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 74. Gains from the alienation of any property, other than those mentioned in paragraphs 1,2,3,4,and 5 1, 2 and 3 shall be taxable only in the Contracting State of which the alienator is a resident. 5. Nothing in this The provisions of paragraph 4 shall prevent not affect the right of either Contracting State from taxing the to levy, according to its domestic law, a tax on gains or income from the sale or transfer alienation of shares or any property derived by an individual who is a resident of the other securitiesContracting 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 Statethe 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 independent personal 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, base may be taxed in that the other State. 3. Gains derived by an enterprise of a Contracting State However, gains from the alienation of ships or aircraft operated in international traffic or and movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Statethe Contracting State in which such property is taxable according to paragraph 3 of Article XXII. 43. Gains from the alienation of of a) shares of a company, company 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 or b) an interest in a partnership or a trust, the property of which consists principally of immovable property situated in a Contracting State, may be taxed in that State. 5. Income derived from For the alienation purposes of intangible property or information mentioned in this paragraph 3 of Article 13 may be taxed in the Contracting State term "immovable property" shall not include property, other than rental property, in which such income arises. 6. Income mentioned in paragraph 5 shall be deemed to arise in a Contracting State when the payer business of the company, partnership or trust is that State itself, a political subdivision, a local authority, or a resident of that State. Where, carried on; however, the person paying the income whether he is resident term shall include shares of a Contracting State or not, has company described in subparagraph (a) above and an interest in a Contracting State partnership or a permanent establishment or fixed base trust described in connection with which the obligation to pay the income was incurred, and the payment of such income is borne by that permanent establishment or fixed base, then such income shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situatedsubparagraph (b) above. 74. Gains from the alienation of any property, other than those mentioned in paragraphs 1,2,3,4,and 5 paragraph 1, 2 and 3 shall be taxable only in the Contracting State of which the alienator is a resident. 5. Nothing The provisions of paragraph 4 shall not affect the right of a Contracting State to tax, according to its law, gains derived by an individual resident in this paragraph shall prevent either the other Contracting State from taxing the gains alienation of any property, if the alienator: a) is a national of the first-mentioned Contracting State or income from was a resident of b) was a resident of that first-mentioned Contracting State at any time during the sale or transfer of shares or other securitiesfive years immediately preceding such alienation.