ARTICLE 13

CAPITAL GAINS

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 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

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 Contracting State in which the place of effective management of the

enterprise is situated.

4. Gains derived by a resident of a Contracting State from the alienation of shares

or of a comparable interest 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.

5. 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.

ARTICLE 14

INDEPENDENT PERSONAL SERVICES

1. Income derived by a resident of a Contracting State in respect of professional

services or other activities of an independent character shall be taxable only in that

State. However, such income may be taxed in the other Contracting State in the

following circumstances:

a) if he has a fixed base regularly available to him in the other Contracting

State for the purpose of performing his activities; in that case, only so

much of the income as is attributable to that fixed base may be taxed in

that other Contracting State; or

b) if his stay in the other Contracting State is for a period or periods

amounting to, or exceeding, in the aggregate 183 days in any twelve-

month period commencing or ending in the fiscal year concerned; in that

case, only so much of the income as is derived from the activity exercised

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