- (a) Gains derived from the alienation of immovable property may be taxed in the Contracting State in which such property is situated.
- (b) Gains derived from the alienation of shares, parts or other rights in a corporation, trust or similar institution, of which the assets or property are constituted for more than 50 percent of their value, or derive more 50 percent of their value, directly or indirectly, from immovable property situated in a Contracting State or of rights relating to such property, shall be taxed in that State. In applying such provision, the immovable property used by this company in its own industrial, commercial or agricultural operations or in its exercise of independent professional services shall not be taken into consideration.
(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 goods belonging to the business property of an enterprise and which consist in
ships or aircraft operated by such enterprise in international traffic or movable property pertaining to the operation of such ships or aircraft shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.
(4) Gains from the alienation of any property other than that referred to in paragraphs (1), (2), and (3) of this Article shall be taxable only in the Contracting State of which the alienator is a resident.