Search - convention

The CRA would recognize any tax exemptions granted to the employees and officials of the World Bank pursuant to the Convention on the Privileges and Immunities of the United Nations ("Convention"). ... We are not aware of any provision in the Convention that would exempt from Canadian tax pensions received from the United Nations. ... In order to determine which income tax convention may apply, you will need to determine from which country your pension benefits arose. ...

Reasons: (i); and (ii) Different wording of current and proposed legislation; (iii) Most income tax conventions entered into by Canada do not provide for residency 'tie-breaker' rules to apply to trusts. ... Using the Canada-US Income Tax Convention as an example, paragraphs 2 and 3 of Article IV of that Convention refer to "individual" and "company" respectively, both of which defined terms do not encompass a "trust". ... However, a trust can access subsection 250(5) if mutual agreement procedures (such as that in paragraph 4 of Article IV of the Canada-US Income Tax Convention) can be invoked but it appears unlikely that the CCRA would agree that a trust described in paragraph 94(1)(c) of the Act was not resident in Canada. ...

In the Commentary on Article 12 of the OECD Model Tax Convention on Income and Capital (April 29, 2000 condensed version) concerning the taxation of royalties, at paragraph 27, Canada has an observation that states: Canada does not adhere to paragraphs 14 through 14.3. ... Accordingly, as of March 28, 2002, for the purposes of Canada's Income Tax Conventions, subject to the exceptional cases described in paragraph 14.3 of the commentary on Article 12, the CCRA will no longer view such a payment as a payment for a "secret formula" and the CCRA will apply this interpretation for the Conventions in force as of March 28, 2002 and subsequent Conventions that come into force after that date. However, for the purposes of Canada's Income Tax Conventions, the CCRA does view such a payment as a payment for "other intangible property", where the definition of a "royalty" in the royalty article in the particular Convention refers to "other intangible property". ...

Dans les faits, malgré la convention collective, l'employeur refuse de rembourser les frais de déplacement qu'effectuent ses employés de sa place d'affaires jusqu'aux différents chantiers où ses employés travaillent ou d'un chantier à un autre. ... Par conséquent, ils devaient encourir des frais pour ces déplacements malgré que rien n'était expressément prévu à cet effet dans leur convention collective. ... Malheureusement, la Loi ne peut pallier au non-respect d'une clause d'une convention collective. ...

Les trois actionnaires de OPCO désirent conclure une convention unanime entre actionnaires. 7. ... De plus, la convention unanime entre actionnaires prévoirait une obligation pour OPCO d'acquérir les actions de tout actionnaire trouvé coupable de fraude. ... Par contre, l'ADRC n'est pas disposé à étendre sa position administrative à d'autres situations prévues dans des conventions entre actionnaires. ...

Income Tax Convention (the " Convention") or for purposes of the Income Tax Act (the "Act"). ... However, there is no provision in the Act or in the Convention, which will exempt from Canadian income tax that portion of the payment that would have been exempt from U.K. income tax. In particular, paragraph 1 of Article 17 of the Convention provides that pensions arising in a contracting state (i.e., the U.K.) and paid to a resident of the other contracting state (i.e., Canada) who is the beneficial owner thereof shall be taxable only in that other state (i.e., Canada). ...

Income Tax Convention Request for Technical interpretation This is in reply to your letter dated April 14, 1999 requesting a technical interpretation on behalf of XXXXXXXXXX regarding the application of paragraph 2 of Article XXI of the Canada- U.S. Income Tax Convention (the “Convention”) with regard to certain “enhanced policy benefits” that may be received, in connection with a demutualization, in respect of certain life insurance policies held by U.S. residents. ... It is our view that such dividends would not be derived by the “... trust, company, organization or other arrangement...” referred to in paragraph 2 of Article XXI of the Convention. ...

Income Tax Convention (1978) or Article XV of the Canada-U.S. Income Tax Convention (1980) may provide some relief to the taxpayer in such situations if a resident of one of those countries is taxable in Canada on a portion of the stock option benefit. ... Income Tax Convention and the Canada-U.S. Income Tax Convention, the capital gains from the disposition of shares of a private company will generally be exempt from tax in Canada provided the value of the shares is not derived principally from real property situated in Canada.  ... Income Tax Convention or paragraph and 5 of Article XIII of the Canada-U.S. ...

Kuss February 16, 1994 Dear XXXXXXXXXX: Re: Protocol to the Canada-Netherlands Income Tax Convention This is in reply to your letter dated October 18, 1993 regarding the Protocol to the Canada-Netherlands Income Tax Convention signed March 4, 1993 (the "Protocol"). ... An application for a refund of the withholding tax not paid in accordance with the Canada-Netherlands Income Tax Convention (ie. interest payments on or after January 1, 1993, but before the Protocol comes into force, taxed at 15%) must be made within the later of two years from the end of the calendar year in which the tax was withheld and two years from the time the Protocol comes into force. ...

Reasons: Art. 17 of the Tax Convention allows Hong Kong to tax amounts from pensions (including lump sums) arising in Hong Kong, but this does not eliminate Canada's right to tax the same amounts. ... According to Article 17 of the Canada-Hong Kong Tax Convention (the "Tax Convention"), pensions (including lump sums) arising from Hong Kong and paid to a resident in Canada may be taxable in Hong Kong. ... The Act and the Tax Convention do provide measures to reduce or eliminate the double taxation of income. ...