GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (b)
(b) alimony and other similar support payments arising in a Contracting State and paid to a resident of the other Contracting State who is subject to tax therein in respect thereof shall be taxable only in that other State, but the amount taxable in that other State shall not exceed the amount that would be taxable in the first-mentioned State if the recipient were a resident thereof.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 1. (a)
1. (a) 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.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (b)
(b) 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: (i) is a national of that State, or (ii) did not become a resident of that State solely for the purpose of rendering the services.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (ii)
(ii) did not become a resident of that State solely for the purpose of rendering the services.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 2
2 The provisions of Articles 14, 15 and 16 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.
Canada–Colombia Tax Convention Act, 2010 — C-1.66
Payments which a student or business apprentice who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that State, if such payments arise from sources outside that State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 1
1 Items of income of a resident of a Contracting State not dealt with in the foregoing Articles of this Convention and arising from sources in the other Contracting State may also be taxed in that other Contracting State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 2
2 In the case of Canada, where such income is income from a trust, other than a trust to which contributions were deductible, the tax so charged shall not exceed 15 per cent of the gross amount of the income if the beneficial owner is a resident of Colombia, provided that the income is taxable in Colombia.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 1
1 Capital represented by immovable property owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 2
2 Capital represented by 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 may be taxed in that other State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 3
3 Capital represented by ships or aircraft operated by an enterprise of a Contracting State in international traffic, and by movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 4
4 All other elements of capital of a resident of a Contracting State shall be taxable only in that State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 1
1 In the case of Canada, double taxation shall be avoided as follows: (a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in Colombia on profits, income or gains arising in Colombia shall be deducted from any Canadian tax payable in respect of such profits, income or gains; (b) subject to the existing provisions of the law of Canada regarding the allowance as a credit against Canadian tax of tax payable in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — where a company which is a resident of Colombia pays a dividend to a company which is a resident of Canada and which controls directly or indirectly at least 10 per cent of the voting power in the first-mentioned company, the credit shall take into account the tax payable in Colombia by that first-mentioned company in respect of the profits out of which such dividend is paid; and (c) where, in accordance with any provision of the Convention, income derived by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income, take into account the exempted income.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (a)
(a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in Colombia on profits, income or gains arising in Colombia shall be deducted from any Canadian tax payable in respect of such profits, income or gains;
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (b)
(b) subject to the existing provisions of the law of Canada regarding the allowance as a credit against Canadian tax of tax payable in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — where a company which is a resident of Colombia pays a dividend to a company which is a resident of Canada and which controls directly or indirectly at least 10 per cent of the voting power in the first-mentioned company, the credit shall take into account the tax payable in Colombia by that first-mentioned company in respect of the profits out of which such dividend is paid; and
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (c)
(c) where, in accordance with any provision of the Convention, income derived by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income, take into account the exempted income.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 2
2 In the case of Colombia, double taxation shall be avoided as follows: (a) Where a resident of a Colombia derives income or owns elements of capital which, under this Convention, may be taxed in the other Contracting State, Colombia shall, subject to the limitations of its domestic laws, allow: (i) as a deduction ( descuento ) from the tax on the income of that resident an amount equal to the income tax paid in the other State; (ii) as a deduction ( descuento ) from the tax on the capital of that resident an amount equal to the tax paid in the other State on those elements of capital; and (iii) as a deduction ( descuento ) from the corporate income tax effectively paid by a company that pays out dividends, an amount corresponding to the profits out of which such dividends are paid. However, such deduction ( descuento ) shall not exceed that part of the income tax or capital tax calculated before the deduction ( descuento ) is given, which is attributable to the income or the elements of capital which may be taxed in that other State. (b) Where, under any provision of this Convention, income derived or capital owned by a resident of Colombia is exempt from tax in Colombia, Colombia may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income or capital.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (a)
(a) Where a resident of a Colombia derives income or owns elements of capital which, under this Convention, may be taxed in the other Contracting State, Colombia shall, subject to the limitations of its domestic laws, allow: (i) as a deduction ( descuento ) from the tax on the income of that resident an amount equal to the income tax paid in the other State; (ii) as a deduction ( descuento ) from the tax on the capital of that resident an amount equal to the tax paid in the other State on those elements of capital; and (iii) as a deduction ( descuento ) from the corporate income tax effectively paid by a company that pays out dividends, an amount corresponding to the profits out of which such dividends are paid. However, such deduction ( descuento ) shall not exceed that part of the income tax or capital tax calculated before the deduction ( descuento ) is given, which is attributable to the income or the elements of capital which may be taxed in that other State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (i)
(i) as a deduction ( descuento ) from the tax on the income of that resident an amount equal to the income tax paid in the other State;
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (ii)
(ii) as a deduction ( descuento ) from the tax on the capital of that resident an amount equal to the tax paid in the other State on those elements of capital; and
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (iii)
(iii) as a deduction ( descuento ) from the corporate income tax effectively paid by a company that pays out dividends, an amount corresponding to the profits out of which such dividends are paid.
Canada–Colombia Tax Convention Act, 2010 — C-1.66
However, such deduction ( descuento ) shall not exceed that part of the income tax or capital tax calculated before the deduction ( descuento ) is given, which is attributable to the income or the elements of capital which may be taxed in that other State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (b)
(b) Where, under any provision of this Convention, income derived or capital owned by a resident of Colombia is exempt from tax in Colombia, Colombia may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income or capital.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 3
3 For the purposes of this Article, profits, income or gains of a resident of a Contracting State that may be taxed in the other Contracting State in accordance with this Convention shall be deemed to arise from sources in that other State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 1
1 Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith that is more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 2
2 The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 3
3 Nothing in this Article shall be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 4
4 Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is more burdensome than the taxation and connected requirements to which other similar enterprises which are residents of the first-mentioned State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of a third State, are or may be subjected.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 5
5 In this Article, the term taxation means taxes that are the subject of this Convention.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 1
1 Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic law of those States, address to the competent authority of the Contracting State of which that person is a resident or, alternatively, if that person’s case comes under paragraph 1 of Article 23 to that of the Contracting State of which that person is a national, an application in writing stating the grounds for claiming the revision of such taxation. To be admissible, the said application must be submitted within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Convention.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 2
2 The competent authority referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 3
3 A Contracting State shall not, after the expiry of the time limits provided in its domestic laws and, in any case, after seven years from the end of the taxable period to which the income concerned was attributed, increase the tax base of a resident of either of the Contracting States by including therein income that has also been included in income in the other Contracting State. This paragraph shall not apply in the case of fraud or wilful default.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 4
4 The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 5
5 The competent authorities of the Contracting States may consult together for the elimination of double taxation in cases not provided for in the Convention and may communicate with each other directly for the purpose of applying the Convention.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 1
1 The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Articles 1 and 2.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 2
2 Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement in respect of, the determination of appeals in relation to taxes, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 3
3 In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation (a) to carry out administrative measures at variance with the laws and the administrative practice of that or of the other Contracting State; (b) to supply information that is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; or (c) to supply information that would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy ( ordre public ).
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (a)
(a) to carry out administrative measures at variance with the laws and the administrative practice of that or of the other Contracting State;
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (b)
(b) to supply information that is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; or
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (c)
(c) to supply information that would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy ( ordre public ).
Canada–Colombia Tax Convention Act, 2010 — C-1.66 4
4 If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though the other State does not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 5
5 In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or fiduciary capacity or because the information relates to ownership interests in a person.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 1
1 The provisions of Articles 10, 11 and 12 shall not apply if the purpose or one of the main purposes of any person in relation to the creation or assignment of a share, a debt-claim, or a right with respect to which dividends, interest or royalties are paid, was to derive benefits from one or more of those Articles through such creation or assignment.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 2
2 Nothing in the Convention shall be construed as preventing a Contracting State from imposing a tax on amounts included in the income of a resident of that State with respect to a partnership, trust, company, or other entity in which that resident has an interest.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 3
3 The Convention shall not apply to any company, trust or other entity that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income or capital of the company, trust, partnership or other entity by that State is substantially lower than the amount that would be imposed by that State (after taking into account any reduction or offset of the amount of tax in any manner, including a refund, reimbursement, contribution, credit, or allowance to the company, trust or partnership, or to any other person) if all of the shares of the capital stock of the company or all of the interests in the trust or other entity, as the case may be, were beneficially owned by one or more individuals who were residents of that State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 4
4 In the event that one or more of the provisions of the Convention give rise to results that were not intended or envisaged thereunder, the Contracting States shall consult each other on the matter with a view towards reaching a mutually acceptable solution, including possible amendments to the Convention.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 1
1 Nothing in this Convention shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 2
2 Notwithstanding the provisions of Article 4, an individual who is a member of a diplomatic mission, consular post or permanent mission of a Contracting State that is situated in the other Contracting State or in a third State shall be deemed for the purposes of the Convention to be a resident only of the sending State if that individual is liable in the sending State to the same obligations in relation to tax on total income as are residents of that sending State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 1
1 The provisions of this Convention shall not be construed to restrict in any manner any exemption, allowance, credit or other deduction accorded by the laws of a Contracting State in the determination of the tax imposed by that State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 2
2 For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of the Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of Article 24 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 3
3 Contributions in a year in respect of services rendered in that year paid by, or on behalf of, an individual who is a resident of a Contracting State or who is temporarily present in that State to a pension plan that is recognized for tax purposes in the other Contracting State shall, during a period not exceeding in the aggregate 60 months, be treated in the same way for tax purposes in the first-mentioned State as a contribution paid to a pension plan that is recognized for tax purposes in that first-mentioned State, if (a) such individual was contributing on a regular basis to the pension plan for a period ending immediately before that individual became a resident of or temporarily present in the first-mentioned State; and (b) the competent authority of the first-mentioned State agrees that the pension plan generally corresponds to a pension plan recognized for tax purposes by that State. For the purposes of this paragraph, pension plan includes a pension plan created under the social security system in a Contracting State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (a)
(a) such individual was contributing on a regular basis to the pension plan for a period ending immediately before that individual became a resident of or temporarily present in the first-mentioned State; and
Canada–Colombia Tax Convention Act, 2010 — C-1.66 (b)
(b) the competent authority of the first-mentioned State agrees that the pension plan generally corresponds to a pension plan recognized for tax purposes by that State.
Canada–Colombia Tax Convention Act, 2010 — C-1.66
For the purposes of this paragraph, pension plan includes a pension plan created under the social security system in a Contracting State.