Search - convention

Furthermore, section 18 of Article V of the Convention on the Privileges and Immunities of the United Nations ("Convention") provides exemption from tax to those United Nations officials on the salaries and emoluments paid to them by the United Nations. ... As the ICJ is the principal judicial organ of the United Nations, the Department would recognize any tax exemptions granted to it or its employees and officials pursuant to the Convention on the Privileges and Immunities of the United Nations ("Convention"). ... As pension income from the ICJ is taxable under the Act, the Department must then consider the application of an income tax convention to ensure that Canada's right to tax has not been restricted or denied by the application of that particular convention. ...

De plus, selon les dispositions du paragraphe 207.6(2) de la Loi, l’employeur est réputé être le dépositaire d’une convention de retraite. Le droit dans la police d’assurance-vie est réputé être un bien déterminé de la convention de retraite. Un montant égal au double de toute prime versée sur la police est réputé être une cotisation versée dans le cadre de la convention. ...

Where the conditions in paragraph 81(1)(c) of the Act are not met, one would then go to the Convention to find out if there is any relief provided by the Convention. ... The term "international traffic" is not defined in the Convention. However, XXXXXXXXXX of the Convention states: "XXXXXXXXXX". ...

Tax Convention, 110(1)(f), 56(8), 120.3 Principal Issues: What is the correct treatment of a U.S. ... " You also noted that the guidance provided in IT-122R2 appears to contradict paragraph 5 of Article XVIII "Pensions and Annuities" of the Canada- United States Tax Convention (the Convention). ... Article 2 of the Technical Explanations of the Fourth Protocol of the Convention provides an explanation of paragraph 5(a) of Article XVIII of the Convention. ...

You have further stated that since the Canada-United Kingdom Income Tax Convention (the "UK Convention"), Article XXVII paragraph 2 denies treaty relief on income not remitted to the UK, it is implicit that the individual is nevertheless regarded as a resident of the UK and subject to the UK Convention even if they receive some income which is not taxed in the UK because it is not remitted. ... As stated in Document No. 1999-0014605, the CCRA's view is that Hong Kong is not covered by the Canada-China Income Tax Convention (the "Chinese Convention") as notwithstanding unification of Hong Kong and the People's Republic of China, Hong Kong has maintained its own tax system and the term "Chinese tax" as defined in the Chinese Convention does not include taxes imposed under Hong Kong's tax regime. ... Accordingly, in our view, the individual was not a resident of the Dominican Republic under the Dominican Republic Convention. ...

23 February 1993 External T.I. 9306085 F- HA4093-C4 Interpretation of Article 11 Paragraph 3(b)(iii) Unedited CRA Tags Treaty China Article 11   XXXXXXXXXX RE: CANADA-CHINA TAX AGREEMENT ARTICLE 11- INTEREST This is further to your letter of February 23, 1993 requesting an interpretation of the application of subparagraph 3(b)(iii) of Article 11 of the Canada-China Tax Agreement (hereinafter "convention") in the following situation. XXXXXXXXXX In your opinion subparagraph 3(b)(iii) of Article 11 of the convention, exempts any interest paid by XXXXXXXXXX to its XXXXXXXXXX from withholding tax, as the loan was directly financed or guaranteed by XXXXXXXXXX as described in the subparagraph 3(b)(iii) of the convention. Our Comments In our view any interest paid by XXXXXXXXXX to its XXXXXXXXXX wouldnotbe exempt from withholding tax under the convention. ...

For example, if a resident of a non- treaty country owning computer software rights licenses them to residents of Canada via a Dutch corporation to take advantage of the exemption in the new protocol amending the Convention between the Kingdom of the Netherlands and Canada (the "Convention"), would Revenue Canada seek to deny the Canadian withholding tax exemption on computer software royalty payments from the resident of Canada to the corporation resident in the Netherlands? ... In the above example, it should be noted that should the interposed Dutch corporation not be the beneficial owner (beneficial owner is not necessarily the legal owner) of the royalty payments, the exemption provided in the new protocol amending the Convention will not apply. In such circumstances, paragraph 2 of Article 12 of the Convention would apply to the royalty payments. ...

Income Tax Convention "S" Corporations This is in reply to your letter dated July 7, 1994 requesting our opinion whether an "S corporation", as defined in section 1361 of the Internal Revenue Code, would be considered a resident of the U.S. for purposes of the Canada-U.S. Income Tax Convention (the "Convention"). In order for a corporation to be considered a resident of the U.S. under the Convention, it must be liable to tax therein on its world wide income as are corporations incorporated pursuant to the laws of the U.S. ... As a result, we consider an S corporation a resident of the U.S. for purposes of the Convention. ...

Position: If the payment constitutes a "periodic pension payment" as defined in section 5 of the Income Tax Conventions Interpretation Act, then the rates are 0%, 15% and 15%, respectively. ... Where the non-resident is a resident of a country with which Canada has entered into an income tax convention, the 25% Part XIII tax may be reduced pursuant to that particular convention. ... As you are aware, the definition of a "periodic pension payment" is found in section 5 of the Income Tax Conventions Interpretation Act ("ITCIA"). ...

27 August 1991 External T.I. 911810 F- Maximum Amount of Pension Income Unedited CRA Tags Treaty Jamaica Article 19 Attention      19(1) Dear Sirs: Re: Article 19 Canada-Jamaica Income Tax Convention Request for Technical Interpretation This is in reply to your letter dated June 24, 1991 and our telephone conversations related thereto regarding a technical interpretation on the application of subparagraph 4(b) of Article 19 of the Canada-Jamaica Income Tax Convention (the "Convention"). ... Pursuant to subparagraph 4(b) of Article 19 of the Convention, pensions received from Jamaica from one of the three sources specified therein shall not be taxable in Canada so long as they are not subject to Jamaican tax. ... You have asked what is the maximum amount of pension income from Jamaica that can be received in a taxation year by a resident of Canada aged 65 or over and not be subject to tax in Canada pursuant to subparagraph 4(b) of Article 19 of the Convention. ...