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Periodic pension payments out of a RRIF are exempt from tax under paragraph 1 of Article XVII of the Canada-UK Convention. ... Thus, it is our view that the intention of the provisions of the UK Convention should prevail. ... To the best of our knowledge, there was no intention in amending the ITCIA to treat periodic pension payments as annuities so that the annuity provision of an income tax convention would apply rather than the pension provision, especially where a convention such as the UK Convention specifically contemplated that payments similar to periodic pension payments would be dealt with under the term "pension". 933575 XXXXXXXXXX G. ...

Income Tax Convention This is in reply to your letter dated April 7, 1997 regarding the above-referenced matter. ... Income Tax Convention (the "Convention") provides that where under a provision of the Convention a person has been otherwise relieved from tax in a Contracting State on income that is subject to tax in the other Contracting State on a remittance basis, the relief provided under the Convention in the first-mentioned State on such income shall apply only to the amounts remitted. ... In our view, such a result is not intended by the Convention. Therefore, in the above fact pattern, it is our opinion that, as a result of the application of paragraph 2 of Article 27 of the Convention, paragraph 8 of Article 13 of the Convention would not apply to restrict Canada's right to the tax any gain on the disposition of the shares. ...

" Virtually all of Canada's tax conventions or agreements are modelled after the OECD Model Convention. Therefore, the Commentary to the OECD Model Convention plays a very important role in interpreting our tax conventions. ... (Emphasis added by the Supreme Court)" As discussed earlier the Convention is modelled after the OECD Model Convention. ...

Tax Convention with respect to copyright royalties for the production and reproduction of motion pictures and other works for private home use, apply to the U.K., France and Thailand Tax Conventions. ... Tax Convention, similarly applies under the tax conventions with the United Kingdom (U.K.), France and Thailand. ... Tax Convention is similar in wording to the other tax conventions you noted, the interpretation of this paragraph is based on the technical explanation. ...

In view of XXX concerns about the treatment of exempt organizations under the Australian Convention please provide us with your views as to whether the negotiators of the Australian Convention intended that exempt organization (such as the Society) be entitled to the benefits contained in the Australian Convention. ... Income Tax Convention (“the U.S. Convention”) is contained in paragraph 1 of Article IV. ... Convention are not residents of a contracting state for the purposes of that convention. ...

In view of XXX concerns about the treatment of exempt organizations under the Australian Convention please provide us with your views as to whether the negotiators of the Australian Convention intended that exempt organization (such as the Society) be entitled to the benefits contained in the Australian Convention. ... Income Tax Convention “the U.S. Convention”) is contained in paragraph 1 of Article IV. ... Convention are not residents of a contracting state for the purposes of that convention. ...

TABLE RONDE SUR LA FISCALITÉ FÉDÉRALE APFF- CONGRÈS 1994 Question 28 Convention Canada-Union Soviétique Le Canada a conclu une convention fiscale avec l'Union Soviétique qui est en vigueur depuis le 2 octobre 1986. ... (c)doit-on s'attendre à des changements importants dans ces nouvelles conventions fiscales par rapport à la convention fiscale présentement en existence avec l'Union Soviétique? ... De plus, les nouvelles conventions seront rédigées d'une façon qui se rapproche beaucoup plus de la Convention Modèle de l'OCDE. ...

Income Tax Convention means capital gains Position TAKEN: Yes Reasons FOR POSITION TAKEN:-- wording used in the Convention-- the need for Article VI(3)-- wording used in the OECD Model Convention September 13, 1995 D. ... (Emphasis mine) In addition, the Convention was patterned on the OECD Model Convention and Article 13 of that convention clearly indicates that it is only applicable to capital gains. ... With respect to XXXXXXXXXX argument that the specific rules in Article VII and Article V of the Convention dealing with permanent establishment would overcome the problem of subjecting any gain, whether on income or capital account, to the provisions of Article XIII of the Convention, we submit that this would not be the case because by virtue of paragraph 6 of Article VII of the Convention, Article XIII of the Convention would take precedent over Article VII. ...

Reasons: 1 – Income distributed by a trust resident in Canada is eligible for reduced Part XIII withholding under Article XXII of the Canada-United States Convention when no other article of the convention applies. 2 – Income distributed from a trust resident in Canada is eligible for reduced Part XIII withholding under Article XXII of the Canada-United States Convention when no other article of the convention applies. 3 – Payments from RRSPs and RRIFs are considered pensions under the Canada-United States Convention, so Article XXII does not apply to these payments. ... Étant donné que les sommes payées des REÉI et des CÉLI à des résidents américains ne sont traitées dans aucun autre article de la Convention, celles-ci se qualifient d’« autres revenus » aux fins de l’article XXII:1 de la Convention. ... Par ailleurs, la Loi sur l’interprétation des conventions en matière d’impôts sur le revenu (footnote 6) définit le terme « paiements périodiques de pension » aux fins des conventions. ...

Income Tax Convention (1980) (the "Convention"). Revenue Canada has taken the position, in consultation with the Department of Finance, that tax exempt entities, including U.S. tax exempt pension trusts, are considered to be residents of the contracting state under which they are organized for purposes of Article IV of the Convention and for similar articles in other income tax conventions or agreements which Canada has in force. Accordingly, a U.S. tax exempt pension trust would therefore be entitled to all benefits under the Convention, including those contained in Articles VII, X and XIII of the Convention, notwithstanding that such entities are not "liable to tax" in the United States. The comments set out in the Technical Explanation to the Convention concerning "resident in and resident of a contracting state", in respect to Article XXI of the Convention, have been superceded by the above commments which are applicable to all of Canada's tax conventions or agreements. ...