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Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

ARTICLE 14

Capital Gains

(1) Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 of this Convention, 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, including gains derived from the alienation of such permanent establishment (alone or together with the whole enterprise), may be taxed in that other State.

(3) Gains from the alienation of ships or aircraft operated in international traffic, or from movable property pertaining to the operation of such ships and aircraft, shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.

(4) Gains derived by a resident of a Contracting State from the alienation of shares or other similar participatory rights whose value is more than 50 percent, directly or indirectly, as regards to immovable property situated in the other Contracting State, may be taxed in that other State.

(5) Where gains derived from the alienation of shares or other rights, attributed directly or indirectly to the owner of such shares or rights, granting him the right of enjoyment of immovable property situated in a Contracting State, these may be liable to be taxed in that Contracting State.

(6) Gains derived from the alienation of any other property other than those mentioned in paragraphs (1), (2), (3), (4) and (5) of this Article shall only be taxable in the Contracting State wherein the seller is a resident.