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Convention because of the exclusion in Art. 13 (as expanded in Australian domestic legislation) for dispositions of (deemed) real property situated in Australia, their appeals nonetheless were allowed by Pagone J below on the basis that the shares of Talison Lithium were not taxable Australian real property because their value was attributable more to the “downstream” lithium processing operations than to the “upstream” mining operations. ...

Addy v Commissioner of Taxation, [2019] FCA 1768, reinstated by [2021] HCA 34 after being rev'd by [2020] FCAFC 135-- summary under Article 25 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 25 the imposition of flat tax on UK working-holiday visa holders contravened the Austr. ...

Art. 14 of the Income Tax Convention between France and Quebec only exempted income derived by a resident of France from a “liberal profession” (such as law) where such income did not relate to a fixed base used by the French resident in Quebec in exercising such profession. ...

Addy v Commissioner of Taxation, [2021] HCA 34-- summary under Article 25 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 25 imposing higher tax on Australian residents who were visa holders than on those who were not, violated Art. 25 The taxpayer, who was a British citizen aged 23, came to Australia on a “working visa” for a 20-month stint, during which period she qualified as an Australian resident. ...

., 2021 SCC 49, [2021] 3 S.C.R. 590-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 a company resident under Luxembourg domestic law (its legal seat was there), and that was “liable to be liable to tax,” was resident there for Treaty purposes even though a conduit In considering whether there had been a treaty-shopping abuse of the Canada-Luxembourg Treaty by virtue of the taxpayer, which had its legal seat in Luxembourg, but was a “conduit entity” without a substantial economic connection to Luxembourg, accessing a Treaty exemption for a capital gain on its disposition of a Canadian resource company, Côté J stated (at paras. 53-54-56, 58): [T[he use of the word “means” in this provision indicates that the definition should be “construed as comprehending that which is specifically described or defined” and thus as setting out all requirements that must be met to be considered a resident under the Treaty …. ...

. … BMO had no say in BBA's choice of location for its convention, and the fact that it was held outside Quebec does not in any event have an impact on the TA criteria …. ...

As a preliminary matter, the Tribunal noted that, like Art. 9 of the OECD Model Convention, s. 147 focused on the “two” enterprises to the transaction, rather than third parties. ...

BlackRock HoldCo 5, LLC v Commissioners for His Majesty's Revenue and Customs, [2024] EWCA Civ 330-- summary under Article 9 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 9 to make a cross-border inter-affiliate loan comparable in risk to the hypothetical independent enterprises’ loan, risk-protection covenants were to be imputed to the latter The structure for the acquisition by the BlackRock group of the U.S. target (“BGI”) entailed a BlackRock LLC (“LLC4”) lending US$4 billion to a wholly-owned LLC (“LLC5”) as well as injecting substantial equity into LLC5, with LLC5 using most of those proceeds to subscribe for preferred shares of the transaction Buyco (“LLC6” – which acquired all the shares of BGI). ...

PepsiCo, Inc v Commissioner of Taxation, [2024] FCAFC 86-- summary under Article 12 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 12 concentrate purchases by an Australian soft drink bottler could not be recharacterized as trademark royalties for withholding tax purposes A U.S. company (PepsiCo) entered into an “exclusive bottling appointment” (“EBA”) with an independent Australian bottling company (the “Bottler”). ...

Commissioners for His Majesty's Revenue and Customs v GE Financial Investments, [2024] EWCA Civ 797-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 deemed US residence of UK corporation under US stapling rules did not cause residence for Treaty purposes A US company (“GEFI Inc.”) and UK company (“GEFI”) in the GE group formed a Delaware LP (“LP”) with GEFI Inc. as the 1% general partner and GEFI as the 99% limited partner. ...