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The Queen, 2016 TCC 131, aff'd 2017 FCA 3-- summary under Article 24 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 24 Brazilian tax sparing provision did not permit the taxpayer to shelter Canadian-source income The Crown brought a motion under Rule 58(1) for determination of questions of law respecting the application of Art. ...

Convention), so that assessments could be made for departures from the Art. 9 standard. ...

Commissioner of Income Tax, International Taxation – 3, Delhi & Anr. (2017), Civil Appeal No. 3849 of 2017, 15 SCC 602-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 UK company with operational control over annually-recurring 3-day Grand Prix races in India had a PE (the racing circuit of a local company) A U.K. corporation (“FOWC”), which held all rights to commercially exploit the Formula One World (car-racing) Championships by virtue of an agreement with another company (“FOAM”), entered into an agreement (the “RPC”) with an Indian corporation (“Jaypee”) that, in consideration of US$40 million payable by Jaypee, Jaypee would host, stage and promote the Formula One Grand Prix event at a commercial racing circuit in India (the “Buddh International Circuit” or “circuit”) to be constructed by it (with FOWC also having the right to exploit the TV feed for the events, which it assigned to an affiliate). ...

Convention because of the exclusion in Art. 13 for dispositions of (deemed) real property situated in Australia, given s. 3A(1) of the International Tax Agreements Act 1953 (Cth), which extended the application of the Art. 13 exclusion to dispositions of shares of companies “the value of whose assets is wholly or principally attributable, whether directly, or indirectly through one or more interposed companies or other entities, to … real property or interests”. ...

Lin, [2018] NZCA 38-- summary under Article 24 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 24 Chinese tax spared on Chinese CFC income and attributed under CFC regime to New Zealand shareholder was not “in respect of” income derived by that shareholder from China As a result of having a 30% interest between 2005 and 2009 in four companies which were resident in China, the taxpayer had the active business income of those companies of $4.6 million attributed to her in New Zealand under the New Zealand controlled foreign companies (CFC) regime. ...

Irish Bank Resolution Corporation Ltd v Revenue and Customs, [2020] EWCA Civ 1128-- summary under Article 7 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 7 interest expenses of PE could be reduced if it had insufficient free capital compared to the arm’s length standard The Irish taxpayers, which carried on a UK branch banking business or a business of financing UK house purchases, were required to determine their profits under UK taxing legislation which, in this regard, was generally similar to the “comparator provisions” of Art. 8(2) of the 1976 Ireland-UK Treaty (which required that there be attributed to a UK permanent establishment (“PE”) “the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing at arm's length with the enterprise of which it is a permanent establishment”) except that the UK legislation went on to provide that, in applying this test, “it shall also be assumed that the permanent establishment has such equity and loan capital as it could reasonably be expected to have in the circumstances specified” above. ...

Commissioner of Taxation v Pike, [2020] FCAFC 158-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 an individual had his centre of vital interest where he was employed, rather than where he had his greater personal ties The deteriorating situation in 2004 in Zimbabwe (where they had been born) prompted the taxpayer and his spouse to leave with their children for Australia, where his spouse had accepted a position in a large accounting firm. ...

G E Financial Investments v.The Commissioners for Her Majesty's Revenue & Customs, [2021] UKFTT 0210 (Tax Chamber), ultimately aff'd [2024] EWCA Civ 797-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 somewhat isolated (albeit in large amounts) loan activity in US did not represent a business under UK concepts and therefore did not entail a US PE under the UK-US Treaty 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. ...

., 2021 SCC 49, [2021] 3 S.C.R. 590-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 utilization of the business property exemption by a Luxembourg conduit accorded with the bargain negotiated by Canada, which was to encourage investment by such investors Two US firms transferred their investment in a Canadian subsidiary (Alta Canada), that was to develop a shale formation in northern B.C., to a Luxembourg s.à r.l. ...

Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation, [2021] FCA 1597, aff'd [2024] FCAFC 29-- summary under Article 9 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 9 loan with interest that would vary significantly depending on whether cash flow conditions were met would not have been agreed to by independent enterprises A Singapore-resident company (“SAI”) transferred the shares of a recently-acquired Australian telecom company (“SOPL”) to an Australian subsidiary (“STAI”) in consideration for common shares and $5.2B in unsecured notes which had a term of approximately 10 years and bore interest at a floating rate equal to the 1 year bank bill swap rate (“BBSR”) plus 1%, but multiplied by a gross-up factor of 10/9 to reflect that the interest was subject to withholding tax. ...