Article 13 Capital gains

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.

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.

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 Contracting State in which the place of effective management of the enterprise is situated. If the place of effective management of a shipping enterprise is aboard a ship then, for the purposes of this paragraph, it shall be deemed to be situated in the Contracting State in which the home harbour of the ship is situated, or, if there is no such home harbour, in the Contracting State of which the operator of the ship is a resident.

Where a resident of a Contracting State owns more than 25 per cent of the shares or other rights in a company, which is situated in the other Contracting State (other than a company of which the shares are quoted on a stock exchange) and the property of such company consists for more than 75 percent of immovable property referred to in Article 6 which is situated in that other State or of rights connected with such immovable property, any gain derived by such resident from the alienation of shares or other rights in that company, may be taxed in that other State. For the purposes of this provision, immovable property pertaining to the industrial, commercial or agricultural operation of such company or to the performance of its independent personal services shall not be taken into account. The provision of this paragraph shall not apply if such gain is derived in the course of a corporate reorganisation, amalgamation, division or similar transaction.

Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident.

Notwithstanding the provisions of paragraph 5, a Contracting State may, in accordance with its own laws, including the interpretation of the term ‘alienation’, levy tax on gains derived by an individual who is a resident of the other Contracting State from the alienation of shares in, ‘jouissance’ rights or debt claims on a company whose capital is divided into shares and which, under the laws of the first-mentioned Contracting State, is a resident of that State, and from the alienation of part of the rights attached to the said shares, ‘jouissance’ shares or debt claims, if that individual — either alone or with his or her spouse — or 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 in that company. This provision shall apply only if the individual who derives the gains has been a resident of the first-mentioned State in the course of the last ten years preceding the year in which the gains are derived and provided that, at the time he became a resident of the other Contracting State, the above-mentioned conditions regarding share ownership in the said company were satisfied.

In cases where, under the domestic laws of the first-mentioned State, an assessment has been issued to the individual in respect of the alienation of the aforesaid shares deemed to have taken place at the time of his emigration from the first-mentioned State, the above shall apply only in so far as part of the assessment is still outstanding.