- 1
- Gains derived by a resident of one of the States from the alienation of immovable property referred to in Article 6 and situated in the other 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 one of the States has in the other State or of movable property pertaining to a fixed base available to a resident of one of the States in the other 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 ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in the State in which the place of effective management of the enterprise is situated. For the purposes of this paragraph the provisions of paragraph 2 of Article 8 shall apply. With respect to gains derived by the air transport consortium Scandinavian Airlines System, the provisions of this paragraph shall apply only to such portion of the gains as corresponds to the participation held in that consortium by Det Danske Luftfartsselskab (DDL), the Danish partner of Scandinavian Airlines System.
- The participation in the enterprise of SAS by DDL shall for the purpose of this paragraph be considered to constitute an enterprise operating aircraft in international traffic having its place of effective management in Denmark.
- 4
- Gains from the alienation of any property other than that referred to in paragraphs 1, 2 and 3, shall be taxable only in the State of which the alienator is a resident.
- 5
- The provisions of paragraph 4 shall not affect the right of the Netherlands to levy according to its own law a tax on gains from the alienation of shares or “jouissance" rights in a company, the capital of which is wholly or partly divided into shares and which is, under the laws of the Netherlands, a resident of the Netherlands, derived by an individual who is a resident of Denmark and has been a resident of the Netherlands in the course of the last five years preceding the alienation of the shares or “jouissance" rights.
