A new paragraph drafted is added to article 3 of the France-Luxembourg Treaty (the Treaty) providing that the gains derived from the disposal of shares, interest and other rights in a company, a trust or any other entity, the assets or belongings of which are consisting for more than 50 percent in value or are generating more than 50 percent in value – whether directly or indirectly, through the interposition of one or more other companies, trusts or other entities – from properties situated in one Contracting State or rights over such properties, shall be exclusively taxable in that State. For the application of this provision, the properties that such a company is using for the purpose of its own business activity shall not be considered.

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