Search - convention

Plus particulièrement, vous désirez savoir si l'entité crée aux termes de la Convention de fiducie intervenue le XXXXXXXXXX (la " Convention ") constitue une fiducie pour les fins de la Loi de l'impôt sur le revenu (la " Loi "). ... Selon l'information que vous nous avez transmise, la Convention serait régie par la common law. ... " (p. 109) En l'espèce, il nous apparaît que les termes de la Convention établissent clairement l'intention de XXXXXXXXXX de créer une fiducie aux termes de la Convention. ...

Income Tax Convention (the "Convention") issued by the U.S. government and agreed to by the Department of Finance. ... S. credits, as required by paragraphs 4(b) and 5(c) of Article XXIV of the Convention, allowed for Canadian taxes paid or accrued. ... S. income tax return and the application of U.S. tax credits in accordance with Article XXIV of the Convention. ...

Whether the treaty provides any relief for royalties under the Canada-US Tax Convention and the Canada-France Tax Convention Position: Yes. ... Nichols 2011-039276 April 19, 2011 Dear XXXXXXXXXX: RE: Motion picture films- subsection 212(5) of the Income Tax Act We are writing in reply to your letter dated January 13, 2011 requesting our view whether subsection 212(5) of the Income Tax Act (the "Act") would apply to certain payments for rights to motion picture films made to non-residents and whether relief is available under the Royalties articles of the Canada-US Tax Convention (the "US Convention") and the Canada-France Tax Convention (the "France Convention"), based on the following facts. 1. ... Canco has entered into a second contract under which it will pay a fee to a French distribution company that is a resident of France for purposes of the France Convention, for a right in or the use of certain motion pictures. 3. ...

Reasons: (1) Article XVIII, paragraph 1 of the Convention (2) Article XVIII, paragraph 7 of the Convention. ... However, in many cases, Article XVIII of the Convention Between Canada and the United States of America with Respect to Taxes on Income and on Capital (the "Convention") may apply to defer or relieve taxation in Canada. ... Subparagraph 3(b) of Article XVIII of the Convention provides that if a Canadian resident individual makes contributions to his or her Roth IRA while a resident of Canada, the Roth IRA will cease to be considered a "pension" for purposes of the Convention at the time of the contribution. ...

Tax Convention (the "U.S. Convention") and the resident of the second country is entitled to benefits under Canada's treaty with the second country. ... The LLC is owned one-third each by a U.S. resident, a resident of another country with which Canada has an income tax convention, and a resident of a third country with which Canada does not have an income tax convention. ... Tax Convention, we would not be opposed if you took the view, administratively, that the purchaser may file a T2062C Notice in respect of the LLC. ...

Furthermore, section 18 of Article V of the Convention on the Privileges and Immunities of the United Nations ("Convention") provides exemption from tax to those United Nations officials on the salaries and emoluments paid to them by the United Nations. ... As the ICJ is the principal judicial organ of the United Nations, the Department would recognize any tax exemptions granted to it or its employees and officials pursuant to the Convention on the Privileges and Immunities of the United Nations ("Convention"). ... As pension income from the ICJ is taxable under the Act, the Department must then consider the application of an income tax convention to ensure that Canada's right to tax has not been restricted or denied by the application of that particular convention. ...

De plus, selon les dispositions du paragraphe 207.6(2) de la Loi, l’employeur est réputé être le dépositaire d’une convention de retraite. Le droit dans la police d’assurance-vie est réputé être un bien déterminé de la convention de retraite. Un montant égal au double de toute prime versée sur la police est réputé être une cotisation versée dans le cadre de la convention. ...

Income Tax Convention (the "Convention"), Canada has the right to tax this income and the U.S., not Canada, should be granting credit in respect of the Canadian tax. Paragraph 2 of Article XXIX of the Convention states that, except as provided in paragraph 3, nothing in the Convention shall be construed as preventing Canada from taxing its residents and, in the case of the U.S., its citizens, as if the Convention did not exist. ... If the Convention is read without regard to paragraph 2 of Article XXIX, "Canadian source" income received by a resident of Canada would not be subject to tax in the U.S. under the Convention and such income would therefore be deemed to arise in Canada for purposes of Article XXIV. ...

Where the conditions in paragraph 81(1)(c) of the Act are not met, one would then go to the Convention to find out if there is any relief provided by the Convention. ... The term "international traffic" is not defined in the Convention. However, XXXXXXXXXX of the Convention states: "XXXXXXXXXX". ...

Income Tax Convention (the "Convention") This is in reply to your letter of October 19, 1992 wherein you requested our opinion on a number of questions concerning the following hypothetical situation. ... On the assumption that the partnership is not carrying on business in Canada through a permanent establishment and the sale of shares of Canco does not fall within paragraph 1 of Article XIII of the Convention, the pro rata share of the gain realized by the partnership from the disposition of its shares in Canco which flows through to Y will fall within paragraph 4 of Article XIII of the Convention and will not be taxable in Canada. 2. Reasonable management fees which are paid to a resident of a country with which Canada has a tax convention or agreement will generally fall within the business profits article. ...