GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 Where a Contracting State includes in the profits of an enterprise of that State – and taxes accordingly – profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are 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 the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the Contracting States shall if necessary consult each other.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 A Contracting State shall not change the profits of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its domestic laws and, in any case, after five years from the end of the year in which the profits that would be subject to such change would have accrued to an enterprise of that State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 The provisions of paragraphs 2 and 3 shall not apply in the case of fraud, wilful default or neglect.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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: 1) 5 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) that controls directly at least 25 per cent of the voting power of the company paying the dividends; 2) 15 per cent of the gross amount of the dividends in all other cases.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) 5 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) that controls directly at least 25 per cent of the voting power of the company paying the dividends;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) 15 per cent of the gross amount of the dividends in all other cases.
Canada–Serbia Tax Convention Act, 2013 — C-10.14
This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 The term dividends as used in this Article means income from shares or other rights, not being debt claims, participating in profits, as well as income which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 5
5 Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 6
6 Nothing in this Convention shall be construed as preventing a Contracting State from imposing on the earnings of a company attributable to a permanent establishment in that State, or the earnings attributable to the alienation of immovable property situated in that State by a company carrying on a trade in immovable property, a tax in addition to the tax that would be chargeable on the earnings of a company that is a resident of that State. Any additional tax so imposed shall not exceed 5 per cent of the amount of those earnings that have not been subjected to this additional tax in previous taxation years.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State shall be exempt from tax in that State if it is derived and beneficially owned by: 1) the Government of the other Contracting State or of a political subdivision or local authority of that State; or 2) the Central or National Bank of the other Contracting State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) the Government of the other Contracting State or of a political subdivision or local authority of that State; or
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) the Central or National Bank of the other Contracting State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 The term interest as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures as well as income which is subjected to the same taxation treatment, as income from money lent, by the laws of the State in which the income arises. However, the term interest does not include income dealt with in Article 10.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 5
5 The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 6
6 Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 7
7 Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 The term royalties as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work, including cinematograph films, and films, tapes or other means of reproduction for use in connection with television or radio broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific experience.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 5
5 Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 6
6 Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Income and gains derived by a resident of a Contracting State from the alienation of immovable property situated in the other Contracting State may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base that is available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including gains from the alienation of such a permanent establishment (alone or with the whole enterprise), or of such a fixed base, may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic, or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 Gains derived by a resident of a Contracting State from the alienation of shares or comparable interests deriving more than 50 per cent of their value directly or indirectly from immovable property situated in the other Contracting State may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 5
5 Gains from the alienation of any property, other than that referred to in paragraphs 1, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 6
6 The provisions of paragraph 5 shall not affect the right of a Contracting State to levy, according to its law, a tax on gains from the alienation of any property (other than property to which paragraph 7 applies) derived by an individual who is a resident of the other Contracting State and has been a resident of the first-mentioned State at any time during the six years immediately preceding the alienation of the property.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 7
7 Where an individual ceases to be a resident of a Contracting State and by reason thereof is treated under the laws of that State as having alienated property before ceasing to be a resident of that State and is taxed in that State accordingly and, at any time thereafter, becomes a resident of the other Contracting State, the other Contracting State may tax gains in respect of the property only to the extent that such gains had not accrued while the individual was a resident of the first-mentioned State. However, this provision shall not apply to property, any gain from which that other State could have taxed in accordance with this Article, other than this paragraph, if the individual had realized the gain before becoming a resident of the other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Income derived by an individual who is a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State, unless: 1) the individual has a fixed base regularly available in the other Contracting State for the purpose of performing the activities; in that case, only so much of the income as is attributable to that fixed base may be taxed in that other Contracting State; or 2) the individual’s stay in the other Contracting State is for a period or periods amounting to or exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the fiscal year concerned; in that case, only so much of the income as is derived from the activities performed in that other Contracting State may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) the individual has a fixed base regularly available in the other Contracting State for the purpose of performing the activities; in that case, only so much of the income as is attributable to that fixed base may be taxed in that other Contracting State; or
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) the individual’s stay in the other Contracting State is for a period or periods amounting to or exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the fiscal year concerned; in that case, only so much of the income as is derived from the activities performed in that other Contracting State may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 The term professional services includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first mentioned State if: 1) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the fiscal year concerned; and 2) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and 3) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the fiscal year concerned; and
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3)
3) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State may be taxed in that State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 Notwithstanding the preceding provisions of this Article, remuneration derived by a resident of a Contracting State in respect of an employment directly connected with a building site or construction or installation project in the other Contracting State which does not constitute a permanent establishment of the employer paying the remuneration, or on whose behalf the remuneration is paid, under the provisions of paragraph 3 of Article 5, shall be taxable only in the first-mentioned State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14
Directors’ fees and other similar payments derived by a resident of a Contracting State in that resident’s capacity as a member of the board of directors or a similar organ of a company which is a resident of the other Contracting State may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or sportsperson person but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 The provisions of paragraph 2 shall not apply if it is established that neither the entertainer or the sportsperson nor persons related to them participate directly or indirectly in the profits of the person referred to in that paragraph.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 Notwithstanding the provisions of paragraphs 1 and 2, income derived by a resident of a Contracting State from that person’s personal activities as an entertainer or as a sportsperson shall be taxable only in that State if the activities are wholly or mainly supported by public funds of one or both of the Contracting States or political subdivisions or local authorities thereof or the activities are exercised in the other Contracting State within the framework of a cultural or sports exchange programme approved by both Contracting States.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Pensions and other similar remuneration arising in a Contracting State and paid to a resident of the other Contracting State shall, subject to the provisions of paragraphs 2 and 3 of this Article, be taxable only in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 Pensions and other similar remuneration arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the law of that State. However, in the case of periodic pension payments, the tax so charged shall not exceed 15 per cent of the gross amount of the payment.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 Any pension paid by, or out of funds created by Serbia or a political subdivision or a local authority thereof to an individual in respect of services rendered to Serbia or to a subdivision or authority shall be taxable only in Serbia. However, such pension shall be taxable only in Canada if the individual is a resident of, and a national of Canada.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1. 1)
1. 1) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. 2) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who: (1) is a national of that State, or (2) did not become a resident of that State solely for the purpose of rendering the services.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who: (1) is a national of that State, or (2) did not become a resident of that State solely for the purpose of rendering the services.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (2)
(2) did not become a resident of that State solely for the purpose of rendering the services.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 The provisions of Articles 15, 16 and 17 shall apply to salaries, wages and other similar remuneration, in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof.