II SÉRIE-A — NÚMERO 78 106_______________________________________________________________________________________________________________

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 of which the

enterprise is a resident.

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

of a comparable interest in a company, the property of which consists directly or indirectly in more than 50 per

cent of immovable property situated in the other Contracting State, may be taxed in that other State.

5. Gains derived by a resident of a Contracting State from the alienation of shares or comparable

interests representing the capital of a company that is a resident of the other Contracting State may be taxed

in that other Contracting State if such shares or comparable interests represent 25 per cent or more of the

capital of that company.

6. Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3, 4 and 5

shall be taxable only in the Contracting State of which the alienator is a resident.

ARTICLE 14

Independent Personal Services

1. Income derived by an individual who is 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 except in the

following circumstances, when such income may also be taxed in the other Contracting State:

(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 within 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 his activities performed in that other Contracting

State may be taxed in that other Contracting State.

2. The term “professional services” includes especially independent scientific, literary, artistic,

educational or teaching activities as well as the independent activities of physicians, lawyers, engineers,

architects, dentists and accountants.

ARTICLE 15

Dependent Personal Services

1. Subject to the provisions of Articles 16, 18, 19 and 20, salaries, wages and other similar remuneration

derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State

unless the employment is exercised in the other Contracting State. If the employment is so exercised, such

remuneration as is derived therefrom may be taxed in that other Contracting State.

2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting

State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-

mentioned State if:

(a) the recipient is present in the other Contracting State for a period or periods not exceeding in the

aggregate 183 days in any twelve-month period commencing or ending in the fiscal year concerned, and

(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and

(c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has

in the other State.