6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties ex-ceeds, for whatever reason, the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.

ARTICLE 13 CAPITAL GAINS

1. Gains derived by a resident of a Contracting State from the alienation of immov-able 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 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 per-forming 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 derived by 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 direct or indirect alienation of shares, comparable interests, securities or other rights representing the cap-ital of a company which is a resident of the other Contracting State may be taxed in that other Contracting State where the resident of the first mentioned State, at any time with-in the twelve month period preceding such alienation, alone or together with any person who is related to that resident, had a participation of at least 20 per cent in the capital of that company. 5. Notwithstanding the provisions of paragraph 4, gains derived by a resident of a Contracting State from the alienation of shares or comparable interest or other securities deriving more than 50 percent of their value directly or indirectly from immovable property situated in the other Contracting State may be taxed in that other State. 6. Gains from the alienation of any property other than that referred to in the pre-ceding paragraphs of this Article shall be taxable only in the Contracting State of which the alienator is a resident.

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