ARTICLE 13

Gains

1. Gains or income derived by a resident of a Contracting State from the alienation of immovable property (real property) situated in the other Contracting State may be taxed in that other State.

2. For the purposes of this Article, the term “immovable property (real property) situated in the other Contracting State” includes immovable property (real property) referred to in Article 6 (Income From Immovable Property (Real Property)) that is situated in that other Contracting State and an interest in a partnership, trust or estate to the extent that its assets consist of immovable property (real property) situated in that other State. It also includes a United States real property interest or an equivalent interest in Venezuelan immovable property (real property).

3. Gains or income from the alienation of personal (movable) property that are attributable to a permanent establishment that an enterprise of a Contracting State has in the other Contracting State, or that are attributable to a fixed base that is available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, and gains or income from the alienation of such a permanent establishment (alone or with the whole enterprise) or such a fixed base, may be taxed in that other State.

4. Gains or income derived by an enterprise of a Contracting State from the alienation of ships, aircraft, or containers operated in international traffic or personal property pertaining to the operation or use of such ships, aircraft or containers shall be taxable only in that State.

5. Gains or income from the alienation of any property other than property referred to in paragraphs 1 through 4 shall be taxable only in the Contracting State of which the alienator is a resident.