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Income Tax Convention- Agreement between Competent Authorities on the interpretation of Article VII (Business Profits) CRA Notice dated 19 July 2012-- summary under Article 7 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 7 The competent authorities of Canada and the US agreed on 26 June 2012 pursuant to Article XXVI, para. 3 (resolution of interpretive doubt), that Article VII of the Canada-US Income Tax Convention is to be interpreted consistently with the OECD 2010 Report on the Attribution of Profits to Permanent Establishments. ...

.-- summary under Foreign Convention Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Foreign Convention relevance of prior conference stats to determination How does a taxpayer determine the number of non- resident attendees to attend a foreign convention if it has not yet occurred? ... …[F]or this year's convention in Calgary, Alberta, it would not be reasonable to just use the attendance from the Australian conference…. A reasonable method…would likely consider more historical attendance data and an analysis of who attends or who does not attend their conventions based on the geographical proximity of the convention venue with the location of society members. ...

Information Circular IC76-12R8 Applicable rate of part XIII tax on amounts paid or credited to persons in countries with which Canada has a tax convention-- summary under Subsection 212(1) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(1) Due diligence requirements re payers ¶ 20. ... If a payer has reason to believe that a limiting provision in the relevant tax convention will restrict the application of treaty benefits, the payer must either withhold the full 25% tax or obtain certification from the recipient stating that they are eligible for treaty benefits. ¶ 22. ...

Contract governed by the Convention 11. In those cases where the contract between the parties is governed by the United Nations Convention on Contracts for the International Sale of Goods (Convention), the place where the tangible personal property is delivered or made available will have to be determined in accordance with the rules relating to delivery contained in the Convention rather than in accordance with the domestic law of any province. ...

Convention With respect to the sourcing of an income item, paragraph 3 of Article XXIV of the Convention provides that, for the purposes of that Article, income, profits or gains of a resident of Canada that may be taxed in the U.S. in accordance with the Convention are deemed to arise in the U.S. and those which may not be taxed in the U.S. in accordance with the Convention are deemed to arise in Canada. ... Because of the resourcing rule in the Convention, the taxpayer would have no income arising in the U.S. for purposes of Article XXIV of the Convention and Canada would not be obliged to provide a tax credit for any U.S. tax paid on such income pursuant to paragraph 4(a) of Article XXIV of the Convention. Therefore, the Convention removes the obligation of a Canadian resident to pay U.S. income tax in excess of the amount that would have been paid under the Convention. ...

.- Q.33-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 Although Canadian resource properties are now viewed as something other than capital assets, paragraph 9 of Article XIII of the U.S. Convention may be applied by U.S. residents to the disposition of those resource properties which would have been exempt from capital gains tax under Article VIII of the 1942 Convention, provided that such properties are not excluded by virtue of paragraphs 9(c), (d) and (e). ...

., the principal purpose test) and those of the Income Tax Convention Interpretation Act, the latter (the “ITCIA”) will prevail. S. 4.1 of the ITCIA provides that “notwithstanding the provisions of a Convention … the GAAR, applies to any benefit provided under the Convention.” The intention is that if the PPT applies, there will be no tax benefit under the Convention, to which the GAAR could apply. ...

Halifax Round Table, February 1994, Q. 5-- summary under Article 24 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 24 As paragraph 1 of Article 24 of the Canada-U.S. Convention is subject to paragraphs 4, 5 and 6, and these paragraphs are not subject to U.S. domestic tax law, the credit to be allowed by the U.S. under the Convention on the Canadian-source investment income earned by a U.S. citizen resident in Canada should not be affected by the 90% limitation on the U.S. foreign tax credit for AMT purposes. ...

1996 Corporate Management Tax Conference Tax Conference Round Table Q. 21-- summary under Article 21 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 21 In the context of Article XXI of the Canada-U.S. Convention, "related person" has the meaning assigned in the Act. "Where a person is a member of a partnership, the Department will look through to the members in determining whether a particular member is related to the person from which the income is derived and whether paragraphs one or two of Article XXI of the Convention are applicable in respect of that member. ...

14 January 1999 No. 981253-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 In commenting on Article 5 para. 3 of the Netherlands and German Conventions, which stated that "a building site or a construction or installation project constitutes a permanent establishment only if it lasts more than twelve months", the Directorate stated: "The placing of equipment in a building for use would meet the definition of installation for the purposes of paragraphs 3 of Article 5 of the Convention. ...