GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–United States Tax Convention Act, 1984 — C-10.7 2
2 The appropriate authorities of the Contracting States shall consult after a three-year period from the date on which the Protocol enters into force in order to determine whether it is appropriate to make the exchange of notes referred to in Article XXVI (Mutual Agreement Procedure) of the Convention.
Canada–United States Tax Convention Act, 1984 — C-10.7 1
1 This Protocol shall be subject to ratification in accordance with the applicable procedures in Canada and the United States and instruments of ratification shall be exchanged as soon as possible.
Canada–United States Tax Convention Act, 1984 — C-10.7 2
2 The Protocol shall enter into force upon the exchange of instruments of ratification, and shall have effect: (a) For tax withheld at the source on income referred to in Articles X (Dividends), XI (Interest), XII (Royalties) and XVIII (Pensions and Annuities) of the Convention, except on income referred to in paragraph 5 of Article XVIII of the Convention (as it read before the entry into force of this Protocol), with respect to amounts paid or credited on or after the first day of the second month next following the date on which the Protocol enters into force, except that the reference in paragraph 2(a) of Article X (Dividends) of the Convention, as amended by the Protocol, to “5 per cent” shall be read, in its application to amounts paid or credited on or after that first day: (i) Before 1996, as “7 per cent”; and (ii) After 1995 and before 1997, as “6 per cent”; and (b) For other taxes, with respect to taxable years beginning on or after the first day of January next following the date on which the Protocol enters into force, except that the reference in paragraph 6 of Article X (Dividends) of the Convention, as amended by the Protocol, to “5 per cent” shall be read, in its application to taxable years beginning on or after that first day and ending before 1997, as “6 per cent”.
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) For tax withheld at the source on income referred to in Articles X (Dividends), XI (Interest), XII (Royalties) and XVIII (Pensions and Annuities) of the Convention, except on income referred to in paragraph 5 of Article XVIII of the Convention (as it read before the entry into force of this Protocol), with respect to amounts paid or credited on or after the first day of the second month next following the date on which the Protocol enters into force, except that the reference in paragraph 2(a) of Article X (Dividends) of the Convention, as amended by the Protocol, to “5 per cent” shall be read, in its application to amounts paid or credited on or after that first day: (i) Before 1996, as “7 per cent”; and (ii) After 1995 and before 1997, as “6 per cent”; and
Canada–United States Tax Convention Act, 1984 — C-10.7 (ii)
(ii) After 1995 and before 1997, as “6 per cent”; and
Canada–United States Tax Convention Act, 1984 — C-10.7 (b)
(b) For other taxes, with respect to taxable years beginning on or after the first day of January next following the date on which the Protocol enters into force, except that the reference in paragraph 6 of Article X (Dividends) of the Convention, as amended by the Protocol, to “5 per cent” shall be read, in its application to taxable years beginning on or after that first day and ending before 1997, as “6 per cent”.
Canada–United States Tax Convention Act, 1984 — C-10.7 3
3 Notwithstanding the provisions of paragraph 2, Article XXVI A (Assistance in Collection) of the Convention shall have effect for revenue claims finally determined by a requesting State after the date that is 10 years before the date on which the Protocol enters into force.
Canada–United States Tax Convention Act, 1984 — C-10.7 4
4 Notwithstanding the provisions of paragraph 2, paragraphs 2 through 8 of Article XXIX B (Taxes Imposed by Reason of Death) of the Convention (and paragraph 2 of Article II (Taxes Covered) and paragraph 3(a) of Article XXIX (Miscellaneous Rules) of the Convention, as amended by the Protocol, to the extent necessary to implement paragraphs 2 through 8 of Article XXIX B (Taxes Imposed by Reason of Death) of the Convention) shall, notwithstanding any limitation imposed under the law of a Contracting State on the assessment, reassessment or refund with respect to a person’s return, have effect with respect to deaths occurring after the date on which the Protocol enters into force and, provided that any claim for refund by reason of this sentence is filed within one year of the date on which the Protocol enters into force or within the otherwise applicable period for filing such claims under domestic law, with respect to benefits provided under any of those paragraphs with respect to deaths occurring after November 10, 1988.
Canada–United States Tax Convention Act, 1984 — C-10.7 5
5 Notwithstanding the provisions of paragraph 2, paragraph 2 of Article 3 of the Protocol shall have effect with respect to taxable years beginning on or after the first day of January next following the date on which the Protocol enters into force.
Canada–United States Tax Convention Act, 1984 — C-10.7
IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Governments, have signed this Protocol.
Canada–United States Tax Convention Act, 1984 — C-10.7
Done in two copies at Washington this seventeenth day of March 1995, in the English and French languages, each text being equally authentic.
Canada–United States Tax Convention Act, 1984 — C-10.7
FOR THE GOVERNMENT OF CANADA: Robert G. Wright
Canada–United States Tax Convention Act, 1984 — C-10.7
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: Richard E. Hecklinger
Canada–United States Tax Convention Act, 1984 — C-10.7
Desiring to conclude a Protocol to amend the Convention Between Canada and the United States of America with Respect to Taxes on Income and on Capital signed at Washington on September 26, 1980, as amended by the Protocols signed on June 14, 1983, March 28, 1984 and March 17, 1995 (hereinafter referred to as “the Convention”),
Canada–United States Tax Convention Act, 1984 — C-10.7 1
1 Paragraph 3(a) of Article XIII (Gains) of the Convention shall be deleted and replaced by the following: “(a) In the case of real property situated in the United States, means a United States real property interest and real property referred to in Article VI (Income from Real Property) situated in the United States, but does not include a share of the capital stock of a company that is not a resident of the United States; and”
Canada–United States Tax Convention Act, 1984 — C-10.7 “(a)
“(a) In the case of real property situated in the United States, means a United States real property interest and real property referred to in Article VI (Income from Real Property) situated in the United States, but does not include a share of the capital stock of a company that is not a resident of the United States; and”
Canada–United States Tax Convention Act, 1984 — C-10.7 2
2 Paragraph 3(b)(ii) of Article XIII (Gains) of the Convention shall be deleted and replaced by the following: “(ii) A share of the capital stock of a company that is a resident of Canada, the value of whose shares is derived principally from real property situated in Canada; and”
Canada–United States Tax Convention Act, 1984 — C-10.7 “(ii)
“(ii) A share of the capital stock of a company that is a resident of Canada, the value of whose shares is derived principally from real property situated in Canada; and”
Canada–United States Tax Convention Act, 1984 — C-10.7 1
1 Paragraph 3 of Article XVIII (Pensions and Annuities) of the Convention shall be deleted and replaced by the following: “3 For the purposes of this Convention, the term pensions includes any payment under a superannuation, pension or other retirement arrangement, Armed Forces retirement pay, war veterans pensions and allowances and amounts paid under a sickness, accident or disability plan, but does not include payments under an income-averaging annuity contract or, except for the purposes of Article XIX (Government Service), any benefit referred to in paragraph 5.”
Canada–United States Tax Convention Act, 1984 — C-10.7 “3
“3 For the purposes of this Convention, the term pensions includes any payment under a superannuation, pension or other retirement arrangement, Armed Forces retirement pay, war veterans pensions and allowances and amounts paid under a sickness, accident or disability plan, but does not include payments under an income-averaging annuity contract or, except for the purposes of Article XIX (Government Service), any benefit referred to in paragraph 5.”
Canada–United States Tax Convention Act, 1984 — C-10.7 2
2 Paragraph 5 of Article XVIII (Pensions and Annuities) of the Convention shall be deleted and replaced by the following: “5 Benefits under the social security legislation in a Contracting State (including tier 1 railroad retirement benefits but not including unemployment benefits) paid to a resident of the other Contracting State shall be taxable only in that other State, subject to the following conditions: (a) a benefit under the social security legislation in the United States paid to a resident of Canada shall be taxable in Canada as though it were a benefit under the Canada Pension Plan , except that 15 per cent of the amount of the benefit shall be exempt from Canadian tax; and (b) a benefit under the social security legislation in Canada paid to a resident of the United States shall be taxable in the United States as though it were a benefit under the Social Security Act, except that a type of benefit that is not subject to Canadian tax when paid to residents of Canada shall be exempt from United States tax.”
Canada–United States Tax Convention Act, 1984 — C-10.7 “5
“5 Benefits under the social security legislation in a Contracting State (including tier 1 railroad retirement benefits but not including unemployment benefits) paid to a resident of the other Contracting State shall be taxable only in that other State, subject to the following conditions: (a) a benefit under the social security legislation in the United States paid to a resident of Canada shall be taxable in Canada as though it were a benefit under the Canada Pension Plan , except that 15 per cent of the amount of the benefit shall be exempt from Canadian tax; and (b) a benefit under the social security legislation in Canada paid to a resident of the United States shall be taxable in the United States as though it were a benefit under the Social Security Act, except that a type of benefit that is not subject to Canadian tax when paid to residents of Canada shall be exempt from United States tax.”
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) a benefit under the social security legislation in the United States paid to a resident of Canada shall be taxable in Canada as though it were a benefit under the Canada Pension Plan , except that 15 per cent of the amount of the benefit shall be exempt from Canadian tax; and
Canada–United States Tax Convention Act, 1984 — C-10.7 (b)
(b) a benefit under the social security legislation in Canada paid to a resident of the United States shall be taxable in the United States as though it were a benefit under the Social Security Act, except that a type of benefit that is not subject to Canadian tax when paid to residents of Canada shall be exempt from United States tax.”
Canada–United States Tax Convention Act, 1984 — C-10.7 2
2 This Protocol shall enter into force upon the exchange of instruments of ratification, and shall have effect as follows: (a) Article 1 of this Protocol shall have effect as of April 26, 1995; and (b) Article 2 of this Protocol shall have effect with respect to amounts paid or credited to a resident of the other Contracting State after 1995, except that where a Contracting State has, in accordance with the Convention read without reference to this Protocol, imposed a tax on benefits paid or credited under the social security legislation in that State, and those benefits are paid or credited after 1995 and: (i) before the calendar year in which this Protocol enters into force, if this Protocol enters into force before September 1 of that year, or (ii) before the end of the calendar year in which this Protocol enters into force, if this Protocol enters into force after August 31 of that year, Article 2 shall only have effect with respect to such benefits (referred to in this Article as “source-taxed benefits”) as described in paragraphs 3, 4 and 5.
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) Article 1 of this Protocol shall have effect as of April 26, 1995; and
Canada–United States Tax Convention Act, 1984 — C-10.7 (b)
(b) Article 2 of this Protocol shall have effect with respect to amounts paid or credited to a resident of the other Contracting State after 1995, except that where a Contracting State has, in accordance with the Convention read without reference to this Protocol, imposed a tax on benefits paid or credited under the social security legislation in that State, and those benefits are paid or credited after 1995 and: (i) before the calendar year in which this Protocol enters into force, if this Protocol enters into force before September 1 of that year, or (ii) before the end of the calendar year in which this Protocol enters into force, if this Protocol enters into force after August 31 of that year, Article 2 shall only have effect with respect to such benefits (referred to in this Article as “source-taxed benefits”) as described in paragraphs 3, 4 and 5.
Canada–United States Tax Convention Act, 1984 — C-10.7 (i)
(i) before the calendar year in which this Protocol enters into force, if this Protocol enters into force before September 1 of that year, or
Canada–United States Tax Convention Act, 1984 — C-10.7 (ii)
(ii) before the end of the calendar year in which this Protocol enters into force, if this Protocol enters into force after August 31 of that year,
Canada–United States Tax Convention Act, 1984 — C-10.7
Article 2 shall only have effect with respect to such benefits (referred to in this Article as “source-taxed benefits”) as described in paragraphs 3, 4 and 5.
Canada–United States Tax Convention Act, 1984 — C-10.7 3
3 With respect to source-taxed benefits paid by a Contracting State to a resident of the other Contracting State, Article 2 applies only if the resident has, within three years after the date on which this Protocol enters into force, applied to the competent authority of the first-mentioned Contracting State for a refund of the tax imposed on the benefits. However, with respect to source-taxed benefits paid by the United States to a resident of Canada, the competent authority of Canada shall: (a) apply for and receive such refund on behalf of the resident; (b) remit to the resident, in accordance with the law of Canada governing refunds of income tax overpayments, such refund less any tax imposed in Canada on the benefits in accordance with Article 2 of this Protocol; and (c) make the application referred to in subparagraph (a) only if the additional tax that would be imposed in Canada on the benefits, on the assumption that Article 2 of this Protocol applied, would be less than the tax imposed in the United States on the benefits as a result of paragraph 5 of Article XVIII (Pensions and Annuities) of the Convention read without reference to this Protocol.
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) apply for and receive such refund on behalf of the resident;
Canada–United States Tax Convention Act, 1984 — C-10.7 (b)
(b) remit to the resident, in accordance with the law of Canada governing refunds of income tax overpayments, such refund less any tax imposed in Canada on the benefits in accordance with Article 2 of this Protocol; and
Canada–United States Tax Convention Act, 1984 — C-10.7 (c)
(c) make the application referred to in subparagraph (a) only if the additional tax that would be imposed in Canada on the benefits, on the assumption that Article 2 of this Protocol applied, would be less than the tax imposed in the United States on the benefits as a result of paragraph 5 of Article XVIII (Pensions and Annuities) of the Convention read without reference to this Protocol.
Canada–United States Tax Convention Act, 1984 — C-10.7 4
4 All taxes refunded as a result of this Protocol shall be refunded without interest and interest on any taxes of a resident of a Contracting State assessed as a result of this Protocol shall be computed as though those taxes became payable no earlier than December 31 of the year following the year in which this Protocol enters into force.
Canada–United States Tax Convention Act, 1984 — C-10.7 5
5 The competent authorities of the Contracting States shall establish procedures for making or revoking the application referred to in paragraph 3 and shall agree on such additional procedures as are necessary to ensure the appropriate implementation of this Protocol.
Canada–United States Tax Convention Act, 1984 — C-10.7
DONE at Ottawa in duplicate this 29th day of July, 1997, in the English and French languages, both texts being equally authentic.
Canada–United States Tax Convention Act, 1984 — C-10.7
Canada and the United States of America, hereinafter referred to as the “Contracting States”,
Canada–United States Tax Convention Act, 1984 — C-10.7
Desiring to conclude a Protocol amending the Convention between Canada and the United States of America with Respect to Taxes on Income and on Capital done at Washington on 26 September 1980, as amended by the Protocols done on 14 June 1983, 28 March 1984, 17 March 1995 and 29 July 1997 (hereinafter referred to as the “Convention”),
Canada–United States Tax Convention Act, 1984 — C-10.7 (k)
Paragraph 1 of Article III (General Definitions) of the Convention shall be amended by deleting the word “and” at the end of subparagraph (i), by replacing the period at the end of subparagraph (j) with “; and”, and by adding the following subparagraph: (k) The term national of a Contracting State means: (i) Any individual possessing the citizenship or nationality of that State; and (ii) Any legal person, partnership or association deriving its status as such from the laws in force in that State.
Canada–United States Tax Convention Act, 1984 — C-10.7 (k)
(k) The term national of a Contracting State means: (i) Any individual possessing the citizenship or nationality of that State; and (ii) Any legal person, partnership or association deriving its status as such from the laws in force in that State.
Canada–United States Tax Convention Act, 1984 — C-10.7 (i)
(i) Any individual possessing the citizenship or nationality of that State; and
Canada–United States Tax Convention Act, 1984 — C-10.7 (ii)
(ii) Any legal person, partnership or association deriving its status as such from the laws in force in that State.
Canada–United States Tax Convention Act, 1984 — C-10.7 1
1 Paragraph 3 of Article IV (Residence) of the Convention shall be deleted and replaced by the following: 3 Where by reason of the provisions of paragraph 1, a company is a resident of both Contracting States, then (a) If it is created under the laws in force in a Contracting State, but not under the laws in force in the other Contracting State, it shall be deemed to be a resident only of the first-mentioned State; and (b) In any other case, the competent authorities of the Contracting States shall endeavor to settle the question of residency by mutual agreement and determine the mode of application of this Convention to the company. In the absence of such agreement, the company shall not be considered a resident of either Contracting State for purposes of claiming any benefits under this Convention.
Canada–United States Tax Convention Act, 1984 — C-10.7 3
3 Where by reason of the provisions of paragraph 1, a company is a resident of both Contracting States, then (a) If it is created under the laws in force in a Contracting State, but not under the laws in force in the other Contracting State, it shall be deemed to be a resident only of the first-mentioned State; and (b) In any other case, the competent authorities of the Contracting States shall endeavor to settle the question of residency by mutual agreement and determine the mode of application of this Convention to the company. In the absence of such agreement, the company shall not be considered a resident of either Contracting State for purposes of claiming any benefits under this Convention.
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) If it is created under the laws in force in a Contracting State, but not under the laws in force in the other Contracting State, it shall be deemed to be a resident only of the first-mentioned State; and
Canada–United States Tax Convention Act, 1984 — C-10.7 (b)
(b) In any other case, the competent authorities of the Contracting States shall endeavor to settle the question of residency by mutual agreement and determine the mode of application of this Convention to the company. In the absence of such agreement, the company shall not be considered a resident of either Contracting State for purposes of claiming any benefits under this Convention.
Canada–United States Tax Convention Act, 1984 — C-10.7 2
2 Article IV (Residence) of the Convention shall be amended by adding the following after paragraph 5: 6 An amount of income, profit or gain shall be considered to be derived by a person who is a resident of a Contracting State where: (a) The person is considered under the taxation law of that State to have derived the amount through an entity (other than an entity that is a resident of the other Contracting State); and (b) By reason of the entity being treated as fiscally transparent under the laws of the first-mentioned State, the treatment of the amount under the taxation law of that State is the same as its treatment would be if that amount had been derived directly by that person 7 An amount of income, profit or gain shall be considered not to be paid to or derived by a person who is a resident of a Contracting State where: (a) The person is considered under the taxation law of the other Contracting State to have derived the amount through an entity that is not a resident of the first-mentioned State, but by reason of the entity not being treated as fiscally transparent under the laws of that State, the treatment of the amount under the taxation law of that State is not the same as its treatment would be if that amount had been derived directly by that person; or (b) The person is considered under the taxation law of the other Contracting State to have received the amount from an entity that is a resident of that other State, but by reason of the entity being treated as fiscally transparent under the laws of the first-mentioned State, the treatment of the amount under the taxation law of that State is not the same as its treatment would be if that entity were not treated as fiscally transparent under the laws of that State.
Canada–United States Tax Convention Act, 1984 — C-10.7 6
6 An amount of income, profit or gain shall be considered to be derived by a person who is a resident of a Contracting State where: (a) The person is considered under the taxation law of that State to have derived the amount through an entity (other than an entity that is a resident of the other Contracting State); and (b) By reason of the entity being treated as fiscally transparent under the laws of the first-mentioned State, the treatment of the amount under the taxation law of that State is the same as its treatment would be if that amount had been derived directly by that person
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) The person is considered under the taxation law of that State to have derived the amount through an entity (other than an entity that is a resident of the other Contracting State); and
Canada–United States Tax Convention Act, 1984 — C-10.7 (b)
(b) By reason of the entity being treated as fiscally transparent under the laws of the first-mentioned State, the treatment of the amount under the taxation law of that State is the same as its treatment would be if that amount had been derived directly by that person