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 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 Contracting State. However, gains from the alienation of ships 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 shall be taxable only in the Contracting State of which the enterprise is a resident. 3. Gains from the alienation of any property or assets, other than those mentioned in paragraphs 1 and 2 of this Article and paragraphs 4 and 6 of Article 12 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. 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 a fixed base base, may be taxed in the that other Contracting State. 3. However, gains Gains from the alienation of ships ships, boats or aircraft operated by an enterprise of a Contracting State in international traffic and or movable property pertaining to the operation of such ships ships, boats or aircraft aircraft, shall be taxable only in that Contracting State. 4. Gains from the alienation of shares of a company, and interest in a partnership or trust may be taxed in the Contracting State of which the enterprise such company, partnership or trust is a resident. 35. Gains from the alienation of any property or assets, other than those mentioned that referred to in paragraphs 1 1, 2, 3, and 2 of this Article and paragraphs 4 and 6 of Article 12 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 property referred to in paragraph 2 of Article 66 ("Income from Immovable Property"), may be by 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 .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 a fixed base may be taxed in the that other Contracting State. 3. However, gains Gains from the alienation of ships or aircraft operated in international traffic by an enterprise of a Contracting State in international traffic and or gains from the alienation of movable property pertaining to the operation of such ships or aircraft aircraft, shall be taxable only in that State. 4. Xxxxx from the alienation of shares of a company, and interest in a partnership or trust may be taxed in the Contracting State of which the enterprise State, where such company, partnership or trust is a resident. 35. Gains from the alienation of any property or assetsproperty, other than those mentioned in paragraphs 1 1, 2, 3 and 2 of this Article and paragraphs 4 and 6 of Article 12 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 property referred to in paragraph 2 of Article 66 (“Income from Immovable 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 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 Contracting State. 3. However, gains Gains from the alienation of ships or aircraft operated in international traffic by an enterprise of a Contracting State in international traffic and or gains from the alienation of movable property pertaining to the operation of such ships or aircraft aircraft, shall be taxable only in that State. 4. Xxxxx from the alienation of shares of a company, and interest in a partnership or trust may be taxed in the Contracting State of which the enterprise State, where such company, partnership or trust is a resident. 35. Gains from the alienation of any property or assetsproperty, other than those mentioned in paragraphs 1 1, 2, 3 and 2 of this Article and paragraphs 4 and 6 of Article 12 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.