Treedt in werking op een nader te bepalen tijdstip
- 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, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise), may be taxed in that other State.
- 3
- Gains of 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 derived by a resident of a Contracting State from the alienation of shares, or other comparable interests, deriving more than 50 per cent of their value directly or indirectly from immovable property situated in the other Contracting State, may be taxed in that other State.
- However, such gains shall be taxable only in the first-mentioned State where:
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- a)the resident owns less than 30 per cent of the shares or other comparable interests;
- b)the shares or other comparable interests are traded on a recognized stock exchange;
- c)the shares or other comparable interests derive their value from immovable property in which that company or the holders of those interests carry on their business;
- d)the gains are derived in the course of a corporate reorganization, amalgamation, division or similar transaction; or
- e)the resident is a pension fund, provided that the gains are not derived from the carrying on of a business, directly or indirectly by that pension fund.
- 5
- Gains from the alienation of any property, other than that referred to in the preceding paragraphs shall be taxable only in the Contracting State of which the alienator is a resident.
