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Les conventions des SECS prévoiront au moins deux types de participations: des parts privilégiées et des parts ordinaires. ... En vertu des conventions des SECS, il sera prévu que le commandité devra optimiser la valeur des actions et des options d'achat d'actions des XXXXXXXXXX. ... En vertu des conventions des SECS, il sera prévu que les SECS tiendront pour chaque associé un compte distinct au crédit duquel sera porté le montant d'apport de capital fait par l'associé pour les parts ordinaires et un compte distinct pour les parts privilégiées des SOCIÉTÉS. 34. ...

That, for the purposes of the various income tax conventions that Canada has negotiated with other jurisdictions, The First Nation is to be considered a political subdivision or local authority of Canada. ... Generally speaking, though, it is our view that a First Nation that qualifies as a municipality for purposes of the Income Tax Act would be considered a local authority for purposes of international tax conventions, while a First Nation that does not qualify for exemption pursuant to paragraph 149(1)(c) would likely not be so considered. We would point out, however, that the application of particular provisions of specific tax conventions may be determined by the foreign country rather than Canada, in which case you would need to seek the views of the other country. 4. ...

Il n'y a aucune convention entre actionnaires, convention de vote fiduciaire ou autre type de convention qui est intervenue entre les actionnaires d'OPCO. 11. ...

(t) "Treaty" means the Canada-United States Tax Convention (1980), as amended by the Fifth Protocol signed on September 21, 2007. ... Financeco will be resident in XXXXXXXXXX for purposes of the Act and the Canada-XXXXXXXXXX Tax Convention. 13. ...

.), as amended to the date hereof, and unless otherwise stated, every reference herein to a Part, section, subsection, paragraph or subparagraph is a reference to the relevant provisions of the Act; (b) "Authority" means the Irish Financial Services Regulatory Authority, fulfilling the duties of the Central Bank and Financial Services Authority of Ireland set out in the Regulations; (c) "Chargeable Events" means those events set out in Section 739B of the TCA (defined below), which include any payment of gross income to Unitholders or any encashment, redemption, cancellation or transfer of units; (d) "Common Contractual Fund" or "CCF" means a common contractual fund authorized by the Authority under the Regulations and meeting the conditions set out in paragraph 739I(1)(a) of the TCA; (e) "CRA" means the Canada Revenue Agency; (f) "Custodian" means XXXXXXXXXX, a company incorporated in Ireland, having its registered office at XXXXXXXXXX and acting as custodian with respect to the Fund's property; (g) "Custodianship Agreement" means the agreement to be entered into between the Manager and the Custodian relating to the appointment and duties of the Custodian; (h) "Deed of Constitution" means the deed of constitution to be entered into between the Manager and the Custodian providing for the constitution of the Fund; (i) "Dutch Treaty" means the Canada-Netherlands Income Tax Convention; (j) "Fund" means the XXXXXXXXXX to be constituted by the Manager in accordance with the Deed of Constitution. The Fund will meet the definition of "CCF" as described in subparagraph 739I(1)(a)(ii) of the TCA; (k) "Gross Income Payments" means such payment or payments to Unitholders as may be determined by the Manager available out of net income and realized or unrealized net profit on the valuation of investments of the Sub-Fund; (l) "Irish Treaty" means the Canada-Ireland Income Tax Convention; (m) "Manager" means XXXXXXXXXX, a corporation incorporated and resident in Ireland. ...

Our understanding of the Facts, Proposed Transactions, Purpose of the Proposed Transactions and Additional Information is as follows: Definitions In this letter, unless otherwise stated, all amounts are in US dollars and the following terms have the meaning specified below: a) "XXXXXXXXXX Notes" are bonds publicly issued by US Parent Co as further described in paragraph 15 below. b) "XXXXXXXXXX Notes" are bonds publicly issued by US Parent Co as further described in paragraph 17 below. c) "XXXXXXXXXX Notes" are bonds publicly issued by US Parent Co as further described in paragraph 19 below. d) "Arm's length" has the meaning assigned by subsection 251(1) of the Act. e) "Business" refers to Can LP's ownership and operating of XXXXXXXXXX near XXXXXXXXXX in Province, Canada. f) "Can Co" means XXXXXXXXXX. g) "Can LP" means XXXXXXXXXX, as more fully described in paragraph 10 below. h) "Code" means the US Internal Revenue Code of 1986, as amended. i) "Permanent Establishment" or "PE" has the meaning ascribed to in Article V of the Treaty. j) "Promissory Note" is an interest bearing promissory note owing from US Sub to US Parent Co, as further described in paragraph 25 below. k) "Province" means XXXXXXXXXX. l) "Qualifying Person" has meaning ascribed to in paragraph 2 of Article XXIXA of the Treaty. m) "Regulations" means the Income Tax Regulations, C.R.C. 1978, c. 945, as amended. n) "Related persons" has the meaning assigned by subsection 251(2) of the Act. o) "Sale Agreement" means the agreement to be entered into between US Parent Co and US Sub transferring US Parent Co's interest in Can LP to US Sub in exchange for shares in US Sub and the Promissory Note. p) "Target" means XXXXXXXXXX. q) "Taxable Canadian corporation" is as defined in subsection 89(1) of the Act. r) "Treaty" or "Canada-US Tax Treaty" means the Convention Between Canada and The United States of America With Respect to Taxes on Income and on Capital Signed on September 26, 1980 as Amended by the Protocols Signed on June 14, 1983. ... If Can LP were considered fiscally transparent under the taxation laws of the United States, for the purposes of the Convention the same amount of interest from the Promissory Note would be included in the income of US Parent Co in the manner described in paragraph 33 above. ...

Definitions In this letter the following terms have the meanings specified: (a) XXXXXXXXXX; (b) "ABC Partnership" means XXXXXXXXXX; (c) "arm's length" has the meaning assigned by subsection 251(1) of the Act; (d) "Canada-Netherlands Treaty" means the Canada-Netherlands Tax Convention signed on May 27, 1986 and amended by the Protocols signed on March 4, 1993 and August 25, 1997; (e) "CanSub" means XXXXXXXXXX, an unlimited liability company formed under the laws of the Province of XXXXXXXXXX which is disregarded for United States of America federal income tax purposes but which is a corporation resident in Canada for the purposes of the Act, the Canada-Netherlands Treaty and the Treaty; (f) "CanSub Note" has the meaning set out in Paragraph 10; (g) "Common Units" means the common units of ForCo XXXXXXXXXX which are listed on the XXXXXXXXXX; (h) "Consolidated Group" means ForCo XXXXXXXXXX and its direct and indirect subsidiaries; (i) "DutchCo" means XXXXXXXXXX, a corporation formed pursuant to the laws of the Netherlands that is not a person resident in Canada for the purposes of the Act and a person resident in the Netherlands for the purposes of the Canada-Netherlands Treaty; (j) "DutchCo Note" has the meaning set out in Paragraph 10; (k) "ForCo XXXXXXXXXX" means XXXXXXXXXX that is not a person resident in Canada for the purposes of the Act; (l) "ForSub" means XXXXXXXXXX, a corporation formed pursuant to the laws of the State of XXXXXXXXXX, which is a wholly-owned indirect subsidiary of ForCo XXXXXXXXXX that is not a person resident in Canada for the purposes of the Act and a person resident of United States for the purposes of the Treaty; (m) "ForSub Note" has the meaning set out in Paragraph 14; (n) "LLC" means a limited liability company formed pursuant to the laws of the State of XXXXXXXXXX; (o) "XXXXXXXXXX Business" has the meaning set out in Paragraph 11; (p) "Operating LLCs" means the LLCs in the Consolidated Group that carry on the XXXXXXXXXX Business in the U.S., being (i) XXXXXXXXXX, (ii) XXXXXXXXXX, and (iii) XXXXXXXXXX, which are each a wholly-owned indirect subsidiary of ForCo XXXXXXXXXX and each of which is not a person resident in Canada for the purposes of the Act; (q) "Operations LLC" means XXXXXXXXXX and not a person resident in Canada for the purposes of the Act; (r) "Paragraph" means a numbered paragraph in this advance tax ruling; (s) "participating debt interest" means participating debt interest as that term is defined in subsection 212(3) and in section 806.2 of the Income Tax Regulations; (t) "taxable Canadian corporation" means a taxable Canadian corporation as that term is defined in subsection 89(1); (u) "taxable Canadian property" means taxable Canadian property as that term is defined in subsection 248(1); (v) "Thin Capitalization Rules" means the limitation on interest deduction contained in subsections 18(4) to 18(6) of the Act; (w) "Treaty" means the Convention between the United States of America and Canada with respect to Taxes on Income and on Capital signed on 26 September 1980, as amended by Protocols signed on 14 June 1983, 28 March 1984, 17 March 1995, 29 July 1997 and 21 September 2007; (x) "U.S. ...

Whether subparagraph 7(b) of Article IV of the Canada-United States Income Tax Convention will apply to deny treaty benefits where a Canadian resident unlimited liability company that is fiscally transparent for United States tax purposes increases its paid up capital and subsequently makes a payment that reduces its paid up capital. 2. ... Resident individuals each of which is a Qualifying Person; i) "Paid-Up Capital" has, by virtue of subsection 248(1) of the Act, the meaning assigned by subsection 89(1) of the Act; j) "Qualifying Person" has the meaning ascribed to in paragraph 2 of Article XXIX A of the Treaty; k) "Resident" has the meaning ascribed to in Article IV of the Treaty; l) "S Corporation" means a corporation who has made a valid election under the Code to be taxed in accordance with Subchapter S of Chapter 1 of the Code; m) "Taxable Canadian Corporation" has, by virtue of subsection 248(1) of the Act, the meaning assigned by subsection 89(1) of the Act; n) "Treaty" means the Convention between Canada and the United States of America With Respect to Taxes on Income and Capital Signed on September 26, 1980 as Amended by the Protocols Signed on June 14, 1983, March 28, 1984, March 17, 1995, July 29, 1997 and September 21, 2007; o) "United States" or "U.S. ...

2011 Ruling 2011-0396421R3- Permanent Establishment Unedited CRA Tags Articles XXXXXXXXXX of the Canada-XXXXXXXXXX Income Tax Convention Principal Issues: Whether a non-resident company would be considered to carry on business through a PE in Canada Position: No Reasons: The activities to be carried out in Canada by PARENT under the Proposed Transactions would not give rise to a PE in Canada for purposes of the Treaty. ... (l) "Treaty" means the Canada-XXXXXXXXXX Income Tax Convention, as signed on XXXXXXXXXX. ...

(d) "Canada-US Treaty" means the Canada- United States Tax Convention (1980), as amended. (e) "Canada-Netherlands Treaty" means the Canada- Netherlands Tax Convention (1986), as amended. ...