It is understood that, in the case of the Netherlands, paragraph 5 of Article 13 only applies in the case of an individual who, either alone or with his or her spouse or with one of their relations by blood or marriage in the direct line, directly or indirectly holds at least 5 per cent of the issued capital of a particular class of shares of a company. It is further understood that if such an individual has a debt-claim on that company, the provisions of paragraph 5 of Article 13 also apply with respect to capital gains derived by that individual from the ``alienation" of such debt-claim.
