Search - convention

Canada, [1995] 2 S.C.R. 802, said in paragraph 46 thereof: [46] At this point in the analysis, it is important to take a step backwards and isolate exactly whom the Convention was intended to benefit. ... It was deemed important, in order to promote international trade between Canada and the U.S., to spare such individuals and corporations double taxation (consequently promoting the equitable allocation of profits of enterprises doing business in both countries): see Preamble to the Convention; see also Utah Mines Ltd. v. ... Tax Treaty (the "Convention") reads as follows: Canada and the United States of America, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, have agreed as follows: Article IV, under the heading "Residence", contains what is considered the tie breaker rules in paragraph number 2, which reads: 2. ...

An obligation confers on the creditor the right to demand that the obligation be performed in full, properly and without delay. [21]     In Droit de la famille québécois by Justice Jean-Pierre Senécal, paragraph 35-190, p. 3,524, the following appears:... la validité d'une convention entre les conjoints ne dépend nullement de son homologation par le tribunal.... À cet égard, soulignons qu'il ne faut pas confondre la validité d'une convention avec ses possibilités d'exécution: même si une convention non homologuée peut créer certains problèmes (puisque pour exécuter il faut un jugement), ce n'est pas à dire que la convention n'est pas valable, l'une des parties pouvant, en fait, être contrainte d'y donner suite par jugement lorsque nécessaire. [22]     It follows that the payments were made pursuant to a written agreement which had not terminated. [23]     I shall mention briefly a point which I raised in argument and it is the effect of the declaration of Justice Marx on April 19, 2000 which I quoted above. ...

Such endeavours required a great deal of travel, including automobile conventions, where he met and developed relationships with car dealers. Often at conventions the company sponsored ladies' events and the appellant's spouse assisted at these. ... The appellant was further required to have his spouse attend the said conventions. ...

Income Tax Convention (1980). The latter portion of Article IV is identical to Article 4, paragraph 1 of the Canada-Japan Income Tax Convention. ... If the Appellant is liable to tax under Article 4 of the Canada-Japan Income Tax Convention, he is a resident of Japan.   ...   [45]          The wording of Article 4, paragraph 1 of the Canada-Russia tax treaty is almost identical to that of Article 4, paragraph 1 of the Canada-Japan convention (see supra) ...

(iii)           le montant que le contribuable doit payer pour acquérir l'action aux termes de la convention (déterminé compte non tenu d'un changement de la valeur de la monnaie d'un pays étranger par rapport à la valeur du dollar canadien entre le moment de la conclusion de la convention et le moment de l'acquisition de l'action) est au moins égal à l'excédent de la juste valeur marchande de l'action au moment de la conclusion de la convention sur le montant que le contribuable a payé pour acquérir le doit d'acquérir l'action... (iv)           immédiatement après la conclusion de la convention et, si le contribuable a acquis les droits prévus par la convention par suite d'une ou plusieurs dispositions auxquelles le paragraphe 7(1.4) s'applique, au moment où la convention visant l'option initiale a été conclue et immédiatement après chaque disposition, le contribuable n'avait de lien de dépendance ni avec la société, ni avec l'autre société, ni avec la société dont il est l'employé. un montant égal à ¼ de la valeur de l'avantage que le contribuable est réputé avoir reçu en application du paragraphe 7(1) au cours de l'année relativement à l'action ou relativement au transfert ou à une autre forme de disposition des droits prévus par la convention. [22]          The question is simple: Did Bre-X agree to sell or issue shares to the appellant on April 29, 1994 or was there no agreement until at the earliest May 19, 1994 when the private placement closed, the written agreement was signed by Mr. ...

Page 3 describes the calculation for the Federal foreign tax credit as follows: Line 507 Income tax on profits tax paid to a foreign country 1,014.22 508 Net foreign income 3,382.05 Basic Net income 5,310.05 x federal = 0 tax (0) [5] Article 4 of the Canada-Australia Convention provides that tax paid in Australia is deductible from tax payable in Canada. ...

Page 3 describes the calculation for the Federal foreign tax credit as follows: Line 507 Income tax on profits tax paid to a foreign country 1,014.22 508 Net foreign income 3,382.05 Net income 5,310.05 x Basic federal = 0 tax (0) Article 4 of the Canada-Australia Convention provides that tax paid in Australia is deductible from tax payable in Canada. ...

The President is the only full-time elected position.   27        Under the Constitution, the Union is governed by an annual Convention, but between Conventions the business is conducted by the Council which is comprised of 28 members. ... The Constitution provides that the Council, between Conventions, is the governing body of the Union. ... The governing body of the Union is the Council when it is not in Convention. ...

.; h) during the Relevant Years, the Appellant worked full time as an employee, 5 to 7 days per week at 8 to 16 hours per day; i) the Appellant spent 8 to 12 hours per week on the Amway Activity; j) the Appellant did not spend sufficient time on the Amway Activity to make it profitable; k) the Appellant did not provide a business plan to determine if the Amway Activity would be profitable; l) the expenses of the Amway Activity increased over the course of the Relevant Years; m) during the Relevant Years, expenses substantially exceeded gross revenues from the Amway Activity; n) the Appellant does not plan any material changes to the Amway Activity in the near future; o) the Appellant has discontinued the operation of the Amway Activity; p) the Appellant is a carpenter and did not have experience in marketing and sales; q) the Amway Activity sales included purchases by the Appellant and his family for personal use; r) the Amway Activity was not a purely commercial venture; s) expenses claimed by the Appellant included expenses in respect of the Appellant's travel to conventions in excess of two conventions per year; t) the Appellant claimed expenses relating to his family's vacations, which he combined with trips made in respect of the Amway Activity; u) the Amway Activity is undercapitalized; v) the Appellant did not have a reasonable expectation of profit from the Amway Activity during the Relevant Years; w) the expenses claimed in relation to the Amway Activity personal or living expenses of the Appellant; and x) the expenses claimed in relation to the Amway Activity were not reasonable in the circumstances. [3] Assumptions 7(b) to (h) inclusive, (k) to (q) inclusive, (s), (t) and (w) were either confirmed or were not refuted by the evidence. [4] The Appellant has his high school. ...

In this regard the Minister relied on the words of exception found in paragraph 81 (1)(a) of the Act which provision reads: 81(1) There shall not be included in computing the income of a taxpayer for a taxation year, (a) an amount that is declared to be exempt from income tax by any other enactment of the Parliament of Canada, other than an amount received or receivable by an individual that is exempt by virtue of a provision contained in a tax convention or agreement with another country that has the force of law in Canada; The Minister considered that the deduction in the computation of taxable income authorized by paragraph 110(1)(f) of the Act constituted sufficient compliance with the treaty. That provision reads: 110(1) For the purpose of computing the taxable income of a taxpayer for a taxation year, there may be deducted such of the following amounts as are applicable: (f) any amount that is (i) an amount exempt from income tax in Canada by virtue of a provision contained in a tax convention or agreement with another country that has the force of law in Canada..-.. ...