Artikel 13

1. Gains derived by a resident of one of the States from the alienation of immovable property referred to in Article 6 and situated in the other 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 one of the States has in the other State, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise), may be taxed in that other State.
3. Notwithstanding the provisions of paragraph 2:
a) gains derived by a resident of one of the States from the alienation of ships and aircraft operated in international traffic as well as vessels engaged in fishing activities on the high seas, and movable property pertaining to the operation of such ships, aircraft and vessels, shall be taxable only in that State;
b) however, such gains may also be taxed in the other State, if the place of effective management of the enterprise is situated in that other State. For the purposes of this sub-paragraph the provisions of paragraph 4 of Article 8 shall apply.
4. Gains from the alienation of any property other than those referred to in paragraphs 1, 2 and 3 shall be taxable only in the State of which the alienator is a resident.
5. The provisions of paragraph 4 shall not affect the right of each of the States to levy according to its own law a tax on gains from the alienation of shares or “jouissance” rights forming part of a substantial interest in a company, the capital of which is wholly or partly divided into shares and which is a resident of that State, provided that:
a) the company's assets consist wholly or mainly of immovable property situated in that State, or
b) the gains are derived by an individual who is a resident of the other State and has been a resident of the first-mentioned State in the course of the last five years preceding the alienation of the shares or “jouissance” rights.