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ARTICLE 12 The following Article is inserted after Article 10 of the Agreement: “ARTICLE 10a (1) Income or gains derived by a resident of one of the Contracting States from the alienation of real property referred to in Article 4a and, as provided in that Article, situated in the other Contracting State may be taxed in that other State. (2) Income or gains from the alienation of property, other than real property referred to in Article 4a, that forms part of the business property of a permanent establishment which an enterprise of one of the Contracting States has in the other Contracting State or pertains to a fixed base available to a resident of the first-mentioned State in that other State for the purpose of performing independent personal services, including income or gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such a fixed base, may be taxed in that other State.
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(3) Income or gains from the alienation of ships or aircraft operated in international traffic, or of property (other than real property referred to in Article 4a) pertaining to the operation of those ships or aircraft, shall be taxable only in the Contracting State of which the enterprise which operated those ships or aircraft is a resident. (4) Income or gains derived by a resident of one of the Contracting States from the alienation of shares or comparable interests in a company, the assets of which consist wholly or principally of real property in the other Contracting State of a kind referred to in Article 4a and, as provided in that Article, situated in that other State, may be taxed in that other State. (5) Nothing in this Agreement affects the application of a law of a Contracting State relating to the taxation of gains of a capital nature derived from the alienation of property other than that to which any of paragraphs (1), (2), (3) and (4) apply.”.