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Salvatori XXXX Re: Article XXX(5), Canada-United States Income Tax Convention, 1980 This is in reply to your letter of October 1, 1984 concerning the above mentioned subject. ... The 15 per cent tax rate under the 1942 Convention applies to royalty payments to June 30, 1985. 2. ... An individual resident in the United States who never owned property in Canada or otherwise applied the provisions of the 1942 Convention before 1985 acquires a royalty on a Canadian resource property in 1985. ...

Income Tax Convention (1980), as amended, in relation to paragraph 113(1)(a) and subsection 258(3) of the Income Tax Act, Canada ("the Act"). ... We understand that under the proposed Income Tax Conventions Interpretation Act, paragraph 2 of Article III would be interpreted as referring to the laws of Canada as amended from time to time. ... Income Tax Convention, or alternatively your views as to the appropriate application of that paragraph in the context described. ...

Income Tax Convention (1980) (The Convention) This is in reply to your letter dated January 2 wherein you requested an interpretation regarding the above item and related provision of the Income Tax Act (the Act), in the following hypothetical situations (As suggested, foreign exchange implications are ignored): 1. ... Paragraph 7 of Article X of the Convention provides that the U.S. may levy tax under the condition set out thereunder. ... In this regard, we feel that paragraph 3(a) of Article XXIV of the Convention would deem the dividend described in paragraph 7 of Article X of the Convention to have arisen in the U.S. 2. ...

We will reply to your questions in the order in which they were presented in your letter: 1) Provided you are a resident of Canada for the purposes of the Canadian Income Tax Act (Act) and the Canada-United Kingdom Income Tax Convention (Convention), you will be subject to tax in Canada on your worldwide income, including the pension which you receive from the United Kingdom. ... In order to determine residency under the Convention, we are enclosing a copy of Article IV of the Convention which determines residency under the Convention in cases where an individual is considered a resident of both states. ...

Income Tax Convention (the "Convention"). It is our understanding that you are concerned with a situation where a Canadian company pays into a retirement plan that is operated by or for its parent company in the United States for senior personnel of the parent and its foreign and domestic subsidiaries. ... If it is determined that the Part XI.3 tax is a tax on capital, paragraph 4 of Article XXIII of the Convention would prevent Canada from levying such tax under the Convention except where the RCA, which is resident of the United States, invested in real property located in Canada or fell within paragraphs 2 or 3 of that article. ... It is our view that the reference to a tax on "capital", for purposes of income tax conventions or agreements, refers to a "wealth" tax which is clearly distinguishable from a tax on contributions to or the income earned by the custodian. ...

Les termes de la convention prévoient que le prêt ne porte aucun intérêt. Cependant, à titre de compensation pour le prêt, l'emprunteur s'engage à transmettre au prêteur la plus value de l'immeuble décrit dans la convention, payable au gré de l'emprunteur. La copie de la convention n'indique pas s'il s'agit d'une transaction envisagée ou si la transaction a été complétée. ...

Income Tax Convention (1980) (Convention), Canada would allow a deduction from income for amounts rolled into an IRA provided those amounts would be excluded from income in the United States. ... We are forwarding a copy of the relevant article of the Convention for your perusal. ... Since we cannot speak for the U.S. interpretation of the Convention, we would suggest you contact the IRS for a reply to this question. ...

Martineau (613) 957-8953 XXXX Le 9 mars 1990 Monsieur, La présente est en réponse à votre lettre du 6 décembre 1989 dans laquelle vous nous soumettez la situation hypothétique suivante: X Limitée est partie avec messieurs A et B à une convention unanime d'actionnaires. Cette convention contient une clause stipulant que si monsieur A est déclaré interdit, il devra vendre à X Limitée et cette dernière devra acheter toutes les actions qu'il détient dans la corporation. Cette convention contient également une clause qui stipule que si monsieur B est déclaré interdit, monsieur A devra acheter et monsieur B devra vendre toutes les actions qu'il détient dans la corporation. ...

However, for purposes of the Canada-Germany Income Tax Convention, these deemed residents of Canada are also considered residents of Germany by virtue of Article 4 of the Convention (because their center of vital interest is in Germany). Article 19 (Government Service) of the Convention provides that remuneration received from Canada in these circumstances is taxable only in Canada. In this regard pension income (dividends and interest, if any) are subject to tax in Canada under Part I of the Act but the rate of tax can not exceed those stipulated in the Convention since the amounts are paid to residents of Germany. ...

Income Tax Convention (the "Convention"). Therefore, any waiver from withholding requirements issued with respect to such fees paid to a non-resident would be based on the provisions of Article XV (Dependent Personal Services) of the Convention, not Article XIV (Independent Personal Services). ... However, this administrative practice does not alter the fact that director's fees are salaries and wages for tax purposes and, therefore, subject to Article XV of the Convention. ...