GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Conventions Implementation Act, 1997 — I-3.52 (a)
(a) in the case of Canada: (i) in respect of tax withheld at the source on amounts paid or credited to non-residents on or after the first day of January in the calendar year next following the year in which the notice is given; and (ii) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year next following the year in which the notice is given;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (i)
(i) in respect of tax withheld at the source on amounts paid or credited to non-residents on or after the first day of January in the calendar year next following the year in which the notice is given; and
Income Tax Conventions Implementation Act, 1997 — I-3.52 (ii)
(ii) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year next following the year in which the notice is given;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (b)
(b) in the case of Iceland: (i) in respect of taxes withheld at source, on income derived on or after the first day of January in the calendar year next following the year in which the notice is given; and (ii) in respect of other taxes on income or capital, for taxes chargeable for any tax year beginning on or after the first day of January in the calendar year next following the year in which the notice is given.
Income Tax Conventions Implementation Act, 1997 — I-3.52 (i)
(i) in respect of taxes withheld at source, on income derived on or after the first day of January in the calendar year next following the year in which the notice is given; and
Income Tax Conventions Implementation Act, 1997 — I-3.52 (ii)
(ii) in respect of other taxes on income or capital, for taxes chargeable for any tax year beginning on or after the first day of January in the calendar year next following the year in which the notice is given.
Income Tax Conventions Implementation Act, 1997 — I-3.52
IN WITNESS WHEREOF the undersigned, duly authorized thereto, have signed this Convention.
Income Tax Conventions Implementation Act, 1997 — I-3.52
DONE in duplicate at Reykjavik, this 19th day of June 1997, in the English, French and Icelandic languages, each version being equally authentic.
Income Tax Conventions Implementation Act, 1997 — I-3.52
The Government of Canada and the Government of the Kingdom of Denmark desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, have agreed as follows:
Income Tax Conventions Implementation Act, 1997 — I-3.52 1
1 This Convention shall apply to taxes on income and on capital imposed on behalf of each Contracting State and in the case of Denmark its political subdivisions and local authorities, irrespective of the manner in which they are levied.
Income Tax Conventions Implementation Act, 1997 — I-3.52 3
3 The existing taxes to which the Convention shall apply are in particular: (a) in the case of Canada: the taxes imposed by the Government of Canada under the Income Tax Act, (hereinafter referred to as “Canadian tax”); (b) in the case of Denmark:
Income Tax Conventions Implementation Act, 1997 — I-3.52 1
1 the income tax to the State (indkomstskatten til staten);
Income Tax Conventions Implementation Act, 1997 — I-3.52 2
2 the municipal income tax (den kommunale indkomstskat);
Income Tax Conventions Implementation Act, 1997 — I-3.52 3
3 the income tax to the county municipalities (den amtskommunale indkomstskat);
Income Tax Conventions Implementation Act, 1997 — I-3.52 5
5 the tax on dividends (udbytteskatten);
Income Tax Conventions Implementation Act, 1997 — I-3.52 7
7 the tax on royalties (royaltyskatten);
Income Tax Conventions Implementation Act, 1997 — I-3.52 8
8 taxes imposed under the Hydrocarbon Tax Act (skatter i henhold til kulbrinteskatteloven); and
Income Tax Conventions Implementation Act, 1997 — I-3.52 9
9 the capital tax to the State (formueskatten til staten), (hereinafter referred to as “Danish tax”).
Income Tax Conventions Implementation Act, 1997 — I-3.52
(hereinafter referred to as “Danish tax”).
Income Tax Conventions Implementation Act, 1997 — I-3.52 4
4 The Convention shall apply also to any identical or substantially similar taxes which are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of substantial changes which have been made in their respective taxation laws.
Income Tax Conventions Implementation Act, 1997 — I-3.52 1
1 For the purposes of this Convention, unless the context otherwise requires: (a) (i) the term “Canada” used in a geographical sense, means the territory of Canada, including, (I) any area beyond the territorial sea of Canada which, in accordance with international law and the laws of Canada, is an area in respect of which Canada may exercise rights with respect to the seabed and subsoil and their natural resources; and (II) the sea and airspace above every area referred to in clause (I) in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein; (ii) the term “Denmark” means the Kingdom of Denmark including any area outside the territorial sea of Denmark which in accordance with international law has been or may hereafter be designated under Danish laws as an area within which Denmark may exercise sovereign rights for the purpose of exploring and exploiting the natural resources of the seabed, its subsoil and the superjacent waters and the airspace above those waters and with regard to other activities for the economic exploitation and exploration of the area; the term does not comprise the Faroe Islands and Greenland; (b) the terms “a Contracting State” and “the other Contracting State” mean, as the context requires, Canada or Denmark; (c) the term “person” includes an individual, a company, an estate and any other body of persons, and in the case of Canada the term also includes a trust; (d) the term “company” means any body corporate or any entity which is treated as a body corporate for tax purposes; (e) the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; (f) the term “competent authority” means: (i) in the case of Canada, the Minister of National Revenue or his authorized representative, (ii) in the case of Denmark, the Minister for Taxation or his authorized representative; (g) the term “tax” means Canadian tax or Danish tax, as the context requires; (h) the term “national” means: (i) any individual possessing the nationality of a Contracting State; (ii) any legal person, partnership and association deriving its status as such from the laws in force in a Contracting State; (i) the term “international traffic” means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State.
Income Tax Conventions Implementation Act, 1997 — I-3.52 (a)
(a) (i) the term “Canada” used in a geographical sense, means the territory of Canada, including, (I) any area beyond the territorial sea of Canada which, in accordance with international law and the laws of Canada, is an area in respect of which Canada may exercise rights with respect to the seabed and subsoil and their natural resources; and (II) the sea and airspace above every area referred to in clause (I) in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein; (ii) the term “Denmark” means the Kingdom of Denmark including any area outside the territorial sea of Denmark which in accordance with international law has been or may hereafter be designated under Danish laws as an area within which Denmark may exercise sovereign rights for the purpose of exploring and exploiting the natural resources of the seabed, its subsoil and the superjacent waters and the airspace above those waters and with regard to other activities for the economic exploitation and exploration of the area; the term does not comprise the Faroe Islands and Greenland;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (I)
(I) any area beyond the territorial sea of Canada which, in accordance with international law and the laws of Canada, is an area in respect of which Canada may exercise rights with respect to the seabed and subsoil and their natural resources; and
Income Tax Conventions Implementation Act, 1997 — I-3.52 (II)
(II) the sea and airspace above every area referred to in clause (I) in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (ii)
(ii) the term “Denmark” means the Kingdom of Denmark including any area outside the territorial sea of Denmark which in accordance with international law has been or may hereafter be designated under Danish laws as an area within which Denmark may exercise sovereign rights for the purpose of exploring and exploiting the natural resources of the seabed, its subsoil and the superjacent waters and the airspace above those waters and with regard to other activities for the economic exploitation and exploration of the area; the term does not comprise the Faroe Islands and Greenland;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (b)
(b) the terms “a Contracting State” and “the other Contracting State” mean, as the context requires, Canada or Denmark;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (c)
(c) the term “person” includes an individual, a company, an estate and any other body of persons, and in the case of Canada the term also includes a trust;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (f)
(f) the term “competent authority” means: (i) in the case of Canada, the Minister of National Revenue or his authorized representative, (ii) in the case of Denmark, the Minister for Taxation or his authorized representative;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (i)
(i) in the case of Canada, the Minister of National Revenue or his authorized representative,
Income Tax Conventions Implementation Act, 1997 — I-3.52 (ii)
(ii) in the case of Denmark, the Minister for Taxation or his authorized representative;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (g)
(g) the term “tax” means Canadian tax or Danish tax, as the context requires;
Income Tax Conventions Implementation Act, 1997 — I-3.52 2
2 As regards the application of the Convention by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the law of that State for the purposes of the taxes to which the Convention applies.
Income Tax Conventions Implementation Act, 1997 — I-3.52 1
1 For the purposes of this Convention, the term “resident of a Contracting State” means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature. The term also includes a Contracting State itself, a political subdivision, a local authority and a statutory body thereof. The term does not include any person who is liable to tax in that State in respect only of income from sources in that State.
Income Tax Conventions Implementation Act, 1997 — I-3.52 3
3 Where by reason of the provisions of paragraph 1 a company is a resident of both Contracting States, then its status shall be determined as follows: (a) it shall be deemed to be a resident only of the State in which it is incorporated; (b) if it is incorporated in neither of the States, it shall be deemed to be a resident only of the State in which its place of effective management is situated.
Income Tax Conventions Implementation Act, 1997 — I-3.52 (a)
(a) it shall be deemed to be a resident only of the State in which it is incorporated;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (b)
(b) if it is incorporated in neither of the States, it shall be deemed to be a resident only of the State in which its place of effective management is situated.
Income Tax Conventions Implementation Act, 1997 — I-3.52 2
2 The term “permanent establishment” includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; and (f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources.
Income Tax Conventions Implementation Act, 1997 — I-3.52 (f)
(f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources.
Income Tax Conventions Implementation Act, 1997 — I-3.52 3
3 A building site or construction or installation project constitutes a permanent establishment only if it lasts more than twelve months.
Income Tax Conventions Implementation Act, 1997 — I-3.52 4
4 Notwithstanding the preceding provisions of this Article, the term “permanent establishment” shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or for collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (a) to (e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
Income Tax Conventions Implementation Act, 1997 — I-3.52 (d)
(d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or for collecting information, for the enterprise;
Income Tax Conventions Implementation Act, 1997 — I-3.52 5
5 Notwithstanding the provisions of paragraphs 1 and 2, where a person - other than an agent of an independent status to whom paragraph 6 applies - is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts on behalf of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph.
Income Tax Conventions Implementation Act, 1997 — I-3.52 2
2 For the purposes of this Convention, the term “immovable property” shall have the meaning which it has under the law of the Contracting State in which the property in question is situated and shall include any option or similar right in respect thereof. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property, rights to explore for or to exploit mineral deposits, sources and other natural resources and rights to amounts computed by reference to the amount or value of production from such resources; ships and aircraft shall not be regarded as immovable property.
Income Tax Conventions Implementation Act, 1997 — I-3.52 3
3 The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property and to income or profits from the alienation of such property.
Income Tax Conventions Implementation Act, 1997 — I-3.52 2
2 Profits derived by an enterprise of a Contracting State from the use or maintenance of containers (including trailers, barges, and related equipment for the transport of containers) used for the transport in international traffic of goods or merchandise shall be taxable only in that State.
Income Tax Conventions Implementation Act, 1997 — I-3.52 3
3 Notwithstanding the provisions of paragraphs 1 and 2 and of Article 7, profits derived from the operation of ships used principally to transport passengers or goods exclusively between places in a Contracting State may be taxed in that State.
Income Tax Conventions Implementation Act, 1997 — I-3.52 4
4 With respect to profits derived by the Danish, Norwegian and Swedish air transport consortium, known as the Scandinavian Airlines System (SAS), the provisions of paragraphs 1 and 2 shall apply only to such part of the profits as corresponds to the shareholding in the consortium held by Det Danske Luftfartselskab (DDL), the Danish partner of Scandinavian Airlines System (SAS).
Income Tax Conventions Implementation Act, 1997 — I-3.52 5
5 The provisions of paragraphs 1, 2, 3 and 4, shall also apply to profits referred to in those paragraphs derived by an enterprise of a Contracting State or by SAS from its participation in a pool, a joint business or an international operating agency.
Income Tax Conventions Implementation Act, 1997 — I-3.52 1
1 Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any income or profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the income or profits of that enterprise and taxed accordingly.
Income Tax Conventions Implementation Act, 1997 — I-3.52 (b)
(b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State,
Income Tax Conventions Implementation Act, 1997 — I-3.52
and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any income or profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the income or profits of that enterprise and taxed accordingly.
Income Tax Conventions Implementation Act, 1997 — I-3.52 2
2 Where a Contracting State includes in the income or profits of an enterprise of that State - and taxes accordingly - income or profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the income or profits so included are income or profits which would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of tax charged therein on that income or those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention.
Income Tax Conventions Implementation Act, 1997 — I-3.52 3
3 A Contracting State shall not change the income or profits of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its national laws and, in any case, after six years from the end of the year in which the income or profits which would be subject to such change would have accrued to an enterprise of that State.
Income Tax Conventions Implementation Act, 1997 — I-3.52 2
2 However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds directly at least 25 per cent of the capital of the company paying the dividends; (b) notwithstanding the provisions of subparagraph (a), 10 per cent of the gross amount of the dividends if the dividends are paid by a non-resident owned investment corporation that is a resident of Canada to a beneficial owner that is a resident of Denmark and that holds directly or indirectly at least 25 per cent of the capital of the company paying the dividends; and (c) 15 per cent of the gross amount of the dividends in all other cases. The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
Income Tax Conventions Implementation Act, 1997 — I-3.52 (a)
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds directly at least 25 per cent of the capital of the company paying the dividends;
Income Tax Conventions Implementation Act, 1997 — I-3.52 (b)
(b) notwithstanding the provisions of subparagraph (a), 10 per cent of the gross amount of the dividends if the dividends are paid by a non-resident owned investment corporation that is a resident of Canada to a beneficial owner that is a resident of Denmark and that holds directly or indirectly at least 25 per cent of the capital of the company paying the dividends; and
Income Tax Conventions Implementation Act, 1997 — I-3.52 6
6 Notwithstanding any provision of this Convention, a company which is a resident of a Contracting State and which has a permanent establishment in the other Contracting State shall, in accordance with the provisions of the law of that other State, remain subject to the additional tax on companies other than corporations of that other State, but the rate of such tax shall not exceed 5 per cent.
Income Tax Conventions Implementation Act, 1997 — I-3.52 3
3 Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner thereof shall be taxable only in that other State to the extent that such interest: (a) is a penalty charge for late payment; (b) is paid by the central bank of a Contracting State to the central bank of the other Contracting State; (c) is paid with respect to indebtedness in connection with the sale on credit by a resident of that other State of any equipment, merchandise or services, except where the sale or indebtedness was made between associated enterprises within the meaning of Article 9, paragraph 1 (a) or (b); or (d) is paid to a person which was constituted and is operated exclusively to administer or provide benefits under one or more pension, retirement or other employee benefits plans provided that: (i) such person is generally exempt from tax in the other State; and (ii) the interest is not derived from carrying on a trade or business or from a related person.
Income Tax Conventions Implementation Act, 1997 — I-3.52 (b)
(b) is paid by the central bank of a Contracting State to the central bank of the other Contracting State;