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Income Tax Convention on Capital Gains Unedited CRA Tags n/a 19(1) File No. 5-8666   O. ... Income Tax Convention (1980) (the "1980 Convention") This is in response to your letter of September 7, 1989, wherein you have asked us to interpret the transitional provisions set out in paragraph 9 of article XIII of the 1980 Convention, as they apply to disposition by a U.S. ... In our view the intent of paragraph 9 of article XIII of the 1980 Convention was to effect a transition between the status of United States resident under the 1942 Convention a U.S. resident was exempted from tax on the full amount of the capital gain calculated under Canadian tax law, the notional calculation in paragraph 9 of Article XIII of the 1980 Convention was intended to exempt the portion of a capital gain calculated in accordance with Canadian tax law, that had accrued prior to the coming into force of the 1980 Convention.  ...

You have also assumed that the Department would look to the self- employed person's ties to the national organization in determining whether a convention is a qualifying convention. ... With respect to your questions regarding sponsoring organisations and qualifying conventions, the following concluding comments in paragraph 1 would appear to be relevant:     "It is not necessary that the taxpayer be a member of the organization sponsoring the convention but attendance at the convention must be related to the business or professional practice carried on by the taxpayer." Although a taxpayer's ties to a national organization may be a factor in determining whether or not the convention expense claim is valid, a taxpayer's ties to a particular organization would not, in and by itself, necessarily establish that the convention is what you refer to as a qualifying convention. ...

Income Tax Convention (the "Convention") This is in reply to your memorandum of October 19, 1989 concerning what is meant by the term "gain which is liable to tax in that other State" in paragraph 9 of Article XIII of the Convention. ... Article III of the Convention provides a definition of many terms used in the Convention, however, the article does not define the term "gain" for purposes of the Convention.  ... Since the Competent Authority of Canada has not agreed to the meaning of any term under subparagraph (d) of paragraph 3 of Article XXVI of the Convention and the term gain is not defined in the Convention, paragraph 2 of Article III of the Convention will apply. ...

18 June 1990 Administrative Letter 58966 F- Canada-Australia Income Tax Convention Unedited CRA Tags n/a 24(1) File No. 5-8966   G. Arsenault   (613) 957-2126 Attention: 19(1) June 18, 1990 Dear Sirs: This is in reply to your letter of October 2, 1989 wherein you requested our opinion on the interpretation of Article 21 of the Canada-Australia Income Tax Convention (1980) (the "Treaty") in the following hypothetical situation: (a)     Canco, a Canadian private company carries on business in Canada; (b)     Aco, an Australian company, holds 100% of shares of Canco; (c)     Aco, which does not carry on business in Canada, disposes of the shares in Canco to USCo, a U.S. company, and capital  gain is generated from the disposition; (d)     The contract of sale is initiated, negotiated and concluded  outside of Canada. ...

3 December 1990 Administrative Letter 903016 F- Private Corporation Status under Canada-Germany Income Tax Convention Unedited CRA Tags n/a 19(1) 903016   M.P. ...

For the purposes of our reply we have assumed that the individual is currently a resident of Ireland for purposes of the Canada-Ireland Income Tax Convention and that he acquired the particular life insurance policy at a time when he was a resident of Canada. ... Application of the Canada-Ireland Income Tax Convention (the "Treaty") Pursuant to paragraph 1 of Article VI of the Treaty, "the rate of Canadian tax on income (other than income from carrying on business in Canada or from performing duties in Canada) derived from sources within Canada by a resident of Ireland shall not exceed 15 per cent". ...

In view of 19(1)  concerns about the treatment of exempt organizations under the Australian Convention please provide us with your views as to whether the negotiators of the Australian Convention intended that exempt organizations (such as the Society) be entitled to the benefits contained in the Australian Convention. ... Income Tax Convention ("the U.S. Convention") is contained in paragraph 1 of Article IV. ... Convention are not residents of a contracting state for the purposes of that convention. ...

Income Tax Convention (the "Convention") Foreign Tax Credit-Canadian Resident and U.S. ... In accordance with paragraph 2 of Article XXIX (subject to paragraph 3) of the Convention the United States is permitted to tax its citizens as if there were no convention between Canada and the United States. ... If the capital gain was not derived from the alienation of real property, as defined in paragraph 3 of Article XIII of the Convention and paragraph 5 of Article XIII of the Convention does not apply, Canada would not be required to allow a FTC for United States taxes paid on the gain. ...

Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle du ministère. 931269 XXXXXXXXXX Jim Wilson (613) 957-2123 Attention: XXXXXXXXXX September 3, 1993 Dear Sirs: Re: Canada-Jamaica Income Tax Convention (the "Convention") This is in reply to your letter dated April 28, 1993, in which you requested our interpretation of paragraph 2 of Article XIX of the Convention. ... In our opinion the tax levied under subsection 120(1) of the Act applies to the computation of "the amount of tax" as referred to in paragraph 2 of Article XIX of the Convention. ... Accordingly, we are of the view that the tax under subsection 120(1) of the Act falls within the spirit of paragraph 2 of Article XIX of the Convention. ...

Income Tax Convention (the "Convention") issued by the U.S. government and agreed to by the Department of Finance. ... S. credits, as required by paragraphs 4(b) and 5(c) of Article XXIV of the Convention, allowed for Canadian taxes paid or accrued. ... S. income tax return and the application of U.S. tax credits in accordance with Article XXIV of the Convention. ...