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., Civil Appeal No. 6082 of 2015, 24 October 2017, (2018), 13 SCC 294-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 provision of ancillary services rather than direct customer services does not engage a services PE The assessees were two American Companies, e-Funds Corporation, USA (e-Funds Corp) and e-Funds IT Solutions Group Inc., USA (e-Funds Inc). ...

Stankovic, 2018 FC 462-- summary under Subsection 231.1(1) Summary Under Tax Topics- Income Tax Act- Section 231.1- Subsection 231.1(1) a taxpayer with an unreported Swiss bank account was not yet under criminal investigation In 2009, the French authorities obtained the Falciani List (on which an HSBC employee in Switzerland had copied account holder information) and pursuant to Art. 26 of the Canada-France Convention provided information to CRA showing inter alia that the taxpayer had a large HSBC account in Switzerland. ...

The Queen, 2018 TCC 110-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 an individual who was well advanced in his steps to return to Canada had a “habitual abode” in the U.S. ...

Alta Energy Luxembourg S.A.R.L. v The Queen, 2018 TCC 152, aff'd 2020 FCA 43, aff'd 2021 SCC 49-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 a large exploration property in which only six wells had been drilled qualified as immovable property used in the business A U.S. corporation (“Alta Resources USA”), which was a leader in the development of shale oil and gas assets in the U.S., and a Blackstone-affiliated partnership with approximately equal ownership by U.S. ...

Satyam Computer Services Limited v Commissioner of Taxation, [2018] FCAFC 172-- summary under Article 24 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 24 a sourcing rule in the Australia-India Treaty imposed tax on a deemed royalty received by an Indian company In Tech Mahindra, computer services provided by employees of the taxpayer located in India to Australian companies were found to be royalties under the Australia-India Treaty, and Australia was found to have the right to tax those payments under Art. 12(2) of the Treaty. ...

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 …. ...