Search - 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. ...

Tax Convention apply? Position: 1. Question of fact; 2. Question of fact; 3. ... Tax Convention ("Convention") applies to provide treaty benefits if the proposed subsection 94(3) applies. ... With respect to the application of Article IV(6) of the Convention, it is our view that if proposed subsection 94(3) applies, the GT would be deemed to be resident in Canada and thus the treaty benefits under Article IV(6) of the Convention would not be available. ...

Income Tax Convention (the "Convention")? If so, should the LLC or the U.S. resident corporation file the T2 corporate income tax return to claim treaty exemption? ... Unless another article of the Convention applies, by virtue of paragraph 1 of Article VII (Business Profits) of the Convention, business profits of a resident of the U.S. shall be taxable only in the U.S. unless the resident carries on business in Canada through a permanent establishment situated in Canada. ... "C" corporation directly, we are of the view that, unless another article of the Convention applies, the business income earned in Canada by the LLC would be exempt from tax in Canada by virtue of Articles V and VII and proposed paragraph 6 of Article IV of the Convention. ...

Convention. Reasons: General reading of relevant provisions of the Act and the Convention 962134 XXXXXXXXXX David R. ... Income Tax Convention (the "Convention") but rather constitute property which would otherwise be exempt from tax in Canada under paragraph 4 of Article XIII of the Convention were it not for paragraph 5 of that Article. ... Where the adjusted proceeds are such as to result in a capital gain, such gain would continue to be taxable in Canada under paragraph 5 of Article XIII of the Convention. ...

Convention Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the Department. ... Consequently, the Business Profits Article of the Convention applies rather than the Dividend or Interest Articles. ... Income Tax Convention (the "Convention") would apply to restrict the U.S.'s right to impose a withholding tax of 39.6% on distributions made by U.S. limited partnerships to foreign partners including those who are residents of Canada. ...

Leung February 10, 2004 Dear XXXXXXXXXX: Re: Section 119 of the Income Tax Act (the "Act") and Paragraph 10(6)(a) of the Income Tax Application Rules ("ITAR") We are writing in reply to your facsimile correspondence of August 1, 2003 ("Letter") in which you requested our view on the interaction of section 119 of the Act and subsection 10(6) of ITAR and whether the reduced treaty rate (for example, the reduced rate on dividends pursuant to paragraph 2(b) of Article X of the Canada-United States Income Tax Convention (the "Convention")) would apply to the calculation of the credit described in paragraph 119(b) of the Act. ... " Where the conditions described in paragraph 2(b) of Article X of the Convention are met such that the tax so charged shall not exceed 15% of the gross amount of the dividend, paragraph 10(6)(a) of ITAR would apply such that any reference in Part XIII of the Act to a rate in excess of 15% shall be read as a reference to 15%. ... Based on the interaction of paragraph 10(6)(a) of ITAR and the fact that the implementing Act that gives the Convention the force of law in Canada provides that in the event of a conflict between the Convention and the Act, the Convention prevails, the tax payable under Part XIII in respect of dividends received or dividends deemed to have been paid as referred to in paragraph 119(b) of the Act is therefore the tax payable at the Convention specified rate of 15% of the gross amount of the dividends and that tax payable is the amount entered into the calculation of the credit under paragraph 119(b) of the Act. ...

HoldcoA and HoldcoB are persons as defined in paragraph 1(a) of Article 3 of the OECD Model Tax Convention. ... Country A has a tax convention with respect to income and capital (the "Treaty") with Canada. ... Income Tax Convention (1980) (the "Convention"). HoldcoA and HoldcoB would not qualify for the reduced rate of 5% set out in paragraph 2(a) of Article X of the Treaty. ...

Cependant, aux fins de l'application de la Loi, dans une situation comme la vôtre il s'agit de déterminer si une convention constitue, en substance, une convention de location ou une disposition aux fins de la Loi. La question de savoir si une convention constitue une convention de location ou une disposition est une question de faits. ... Lorsqu'une convention constitue une convention de location selon le C.c., celle-ci sera habituellement traitée comme une convention de location aux fins de la Loi pourvu que la convention est ce qu'elle prétend être, que les droits légaux des parties en vertu de la convention sont ceux d'un bailleur et d'un locataire et que la transaction n'est pas une disposition aux fins de la Loi. ...

You indicate that RRSP income is considered to be pension income udner the Convention according to Information Circular 76-12R2. ... In Article II of the Protocol to the Convention, it is stated that the term “pensions” does not include lump sum payments out of a pension plan”. ... In our view, the payments in question are not entitled to the protection of Article 20 of the Convention since paragaph 2 of Article 3 of this Convention provides that: “Any term not otherwise defined shall, unelss the context otherwise requries, have the meaning which it has under the laws of that Contracting State relation to the taxes which are the subject of the Convention”. ...

Tax Convention (the "Convention") and paragraph 254(a) of the Act. ... The particular provisions would be Article VIA of the Convention and paragraph 7 of the Convention Protocol. ... The old convention limited taxation of periodic pension payments, it did not limit the taxation of any other payments out of a "pension" plan nor did it expand upon the meaning of pensions to identify specific sources of the periodic payments as does the present Convention. ...