Document ID: chunk:federal_register_of_legislation:C2004A04052:schedule:29:p35
Version: federal_register_of_legislation:C2004A04052
Segment Type: schedule
Provision Reference: sch 29 (pt 35/64)
Character Range: 88380–91052

(1) Income or gains derived by a resident of one of the Contracting States from the alienation of real property referred to in Article 6 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 6, 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.

(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 6 pertaining to the operation of those ships or aircraft,

SCHEDULE 2—continued

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 6, may be taxed in that other State.

(5) Gains of a capital nature derived by a resident of one of the Contracting States from the alienation of any property other than that referred to in paragraphs (1) to (4) inclusive may be taxed in the other Contracting State according to the laws of that other State relating to its tax.

ARTICLE 14

Independent Personal Services

(1) Income derived by an individual who is a resident of one of the Contracting States in respect of professional services or other independent activities of a similar character shall be taxable only in that State. However if that individual:

     (a) has a fixed base regularly available in the other Contracting State for the purpose of performing those activities; or

     (b) in a year of income or year of assessment, as the case may be, is present in that other Contracting State for a period or periods amounting to or exceeding 183 days,

so much of the income derived by the individual as is attributable to those activities may be taxed in that other State.

(2) The term "professional services" includes services performed in the exercise of independent scientific, literary, artistic, educational