Search - convention

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. ...

Would paragraph IV(7)(b) of the Convention be applicable on the interest payments from the ULC to the S corporation, denying the benefits of the Convention? ... Questions You ask whether the paragraph IV(7)(b) of the Convention would be applicable on the interest payments from the ULC to the S Corporation, denying the benefits of the Convention? ... Thus, Canada should, in theory, grant the benefits of the Convention to the S Corporation in its own right. ...

Income Tax Convention. New section 218.3 withholding of 15%, no relief under the Convention. ... Income Tax Convention (the "Convention") so that XXXXXXXXXX are subject to paragraph 3 of Article XVI. ... With regard to modifications to the Convention, we suggest that you contact the U.S. ...

Les cinq actionnaires de OPCO ont conclu une convention entre actionnaires. 4. ... Cependant, l'ADRC n'est pas disposé à étendre sa position administrative à d'autres situations d'achat-vente prévues dans une convention entre actionnaires. ... Le fait que la convention prévoirait aussi une obligation pour la société d'acquérir les actions de M. ...

Income Tax Convention (1980) (the "Convention") provides a transitional relief provision regarding certain capital assets described therein. ... Persons the fresh start transitional relief rules contained in Article XIII, paragraph 9 of the Convention? ... Income Tax Convention, i.e. as a result of the U.S. resident not having a permanent establishment in Canada, provided that such properties are not excluded by virtue of paragraphs 9(c), (d) and (e) of Article XIII of the convention." ...

Income Tax Convention (the "Convention"). We confirm your understanding that a payment out of a RRIF is considered to be a payment under a "retirement plan" referred to in the definition of "pension" in paragraph 3 of Article 17 of the Convention. If a payment from a RRIF qualifies as a "periodic pension payment" as defined in section 5 of the Income Tax Conventions Interpretation Act (the "ITCIA"), it is our position that such a payment would fall under the meaning of "pension" in Article 17 and would be exempt from Canadian non-resident withholding taxes pursuant to paragraph 1 of Article 17 of the Convention. ...

XXXXXXXXXX 953130 Attention: XXXXXXXXXX January 31, 1996 Dear Sirs: Re: Canada- Japan Income Tax Convention This is in response to your letter dated November 24, 1995 wherein you request our interpretation in reference to the application of the Canada- Japan Income Tax Convention (the "Convention") to a lump sum pension received by an individual resident in Canada from a corporation resident in Japan. ... While it is not entirely clear whether Article 15 or Article 20 of the Convention would govern Japan's right to tax this type of payment, this is a question that should be addressed by Japanese taxation authorities. In our view, Canada's right to tax a Canadian resident is unaffected by either provision of the Convention notwithstanding that a portion of the pension income received by such resident, relates to employment exercised by him in Japan while a resident of that country. ...

Income Tax Convention. Position TAKEN: It will not qualify. Reasons FOR POSITION TAKEN: Paragraph 6 of Article 21 of the Convention does not deem a U.S. charity to be a Canadian registered charity for purposes of the Act. ... Income Tax Convention (the "Convention") as regards U.S. charities. ... In our view, the effect of paragraph 6 of Article 21 of the Convention is that qualifying gifts to U.S. charities, within the limits provided in that paragraph, will be treated as if they were made to a registered charity in Canada. ...

Income Tax Convention as creating an obligation the collection of which the CCRA would enforce Position: Yes, provided that the revenue claim has been established by the U.S. and Canada has accepted the request Reasons: Interpretation of the law XXXXXXXXXX 2000-000391 S. Leung Attention: XXXXXXXXXX December 28, 2000 Dear Sirs: Re: Article XXVI A of the Canada-United States Income Tax Convention We are writing in reply to your letter of January 23, 2000 in which you inquired whether, with respect to the hypothetical situation outlined in your letter, the Canada Customs and Revenue Agency (the "CCRA") interprets paragraphs 4, 8 and 9 of Article XXVI A of the Canada-United States Income Tax Convention (the "Convention") as creating an obligation the collection of which the CCRA will enforce. ... It should be noted that Canada would also collect interest and penalty on behalf of the U.S. in respect of tax owing because pursuant to paragraph 1 of Article XXVI A of the Convention the definition of "revenue claim" includes such interest and penalty. ...