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(1) Gains derived by a resident of a Contracting State from the alienation of immovable property situated in the other Con- tracting State may be taxed in that other State.
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(2) Gains from the alienation of shares and similar rights in a company, the assets of which consist – directly or indirectly – principally of immovable property situated in a Contracting State, may be taxed in that State.
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(3) 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 Con- tracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Con- tracting State for the purpose of performing independent per- sonal 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.
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(4) Gains from the alienation of ships or aircraft operated in international traffic, or movable property pertaining to the oper- ation of such ships or aircraft, shall be taxable only in the Con- tracting State in which the place of effective management of the enterprise is situated.
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(5) Gains from the alienation of any property other than that referred to in paragraphs 1 to 4, shall be taxable only in the Con- tracting State of which the alienator is a resident.
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(6) Where an individual was a resident of a Contracting State for a period of 5 years or more and has become a resident of the other Contracting State, paragraph 5 shall not prevent the first- mentioned State from taxing under its domestic law the capital appreciation of shares in a company resident in the first-men- tioned State for the period of residency of that individual in the first-mentioned State. In such case, the appreciation of capital taxed in the first-mentioned State shall not be included in the determination of the subsequent appreciation of capital by the other State.