GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 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 technical fees paid exceeds for whatever reason, 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 — Mongolia Tax Convention Act, 2002 — C-6.94 1
1 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 — Mongolia Tax Convention Act, 2002 — C-6.94 2
2 Gains derived from the alienation of movable property forming part of the business property of a permanent establishment that an enterprise of a Contracting State has or had in the other Contracting State or of movable property pertaining to a fixed base that is or was available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such 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 — Mongolia Tax Convention Act, 2002 — C-6.94 3
3 Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic or from containers used in, or other movable property pertaining to, the operation of such ships or aircraft shall be taxable only in that State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 4
4 Gains derived by a resident of a Contracting State from the alienation of (a) shares, the value of which is derived principally from immovable property situated in the other State; or (b) an interest in a partnership or trust, the value of which is derived principally from immovable property situated in that other State; may be taxed in that other State. For the purposes of this paragraph, the term immovable property does not include any property, other than rental property, in which the business of the company, partnership or trust is carried on.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (a)
(a) shares, the value of which is derived principally from immovable property situated in the other State; or
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (b)
(b) an interest in a partnership or trust, the value of which is derived principally from immovable property situated in that other State; may be taxed in that other State. For the purposes of this paragraph, the term immovable property does not include any property, other than rental property, in which the business of the company, partnership or trust is carried on.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94
may be taxed in that other State. For the purposes of this paragraph, the term immovable property does not include any property, other than rental property, in which the business of the company, partnership or trust is carried on.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 5
5 Where a resident of a Contracting State alienates property in the course of a corporate or other organization, reorganization, amalgamation, division or similar transaction and profit, gain or income with respect to such alienation is not recognized for the purpose of taxation in that State, if requested to do so by the person who acquires the property, the competent authority of the other Contracting State may agree, in order to avoid double taxation and subject to terms and conditions satisfactory to such competent authority, to defer the recognition of the profit, gain or income with respect to such property for the purpose of taxation in that other State until such time and in such manner as may be stipulated in the agreement.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 6
6 Gains derived 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 — Mongolia Tax Convention Act, 2002 — C-6.94 7
7 The provisions of paragraph 6 shall not affect the right of a Contracting State to levy, according to its laws, a tax on gains derived from the alienation of any property 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 — Mongolia Tax Convention Act, 2002 — C-6.94 8
8 Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first-mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, sold and repurchased the property for an amount equal to its fair market value at that time.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 1
1 Subject to the provisions of Article 12A, income derived by an individual who is a resident of a Contracting State in respect of professional or similar services of an independent character shall be taxable only in that State except in the following circumstances, when such income may also be taxed in the other Contracting State: (a) if the individual has or had a fixed base regularly available in the other Contracting State for the purpose of performing the services; in that case, only so much of the income as is attributable to that fixed base may be taxed in the other Contracting State; or (b) if the individual is present in the other Contracting State for a period or periods exceeding in the aggregate 183 days in any 12 month period commencing or ending in the fiscal year concerned; in that case, only so much of the income as is derived from the individual’s activities performed in that other Contracting State may be taxed in that other Contracting State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (a)
(a) if the individual has or had a fixed base regularly available in the other Contracting State for the purpose of performing the services; in that case, only so much of the income as is attributable to that fixed base may be taxed in the other Contracting State; or
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (b)
(b) if the individual is present in the other Contracting State for a period or periods exceeding in the aggregate 183 days in any 12 month period commencing or ending in the fiscal year concerned; in that case, only so much of the income as is derived from the individual’s activities performed in that other Contracting State may be taxed in that other Contracting State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 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 — Mongolia Tax Convention Act, 2002 — C-6.94 1
1 Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other 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 — Mongolia Tax Convention Act, 2002 — C-6.94 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: (a) 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 calendar year concerned; and (b) the remuneration is paid by, or on behalf of, a person who is not a resident of the other State; and (c) such remuneration is not borne by a permanent establishment or a fixed base that the person has in the other State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (a)
(a) 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 calendar year concerned; and
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (b)
(b) the remuneration is paid by, or on behalf of, a person who is not a resident of the other State; and
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (c)
(c) such remuneration is not borne by a permanent establishment or a fixed base that the person has in the other State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 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 shall be taxable only in that State unless the remuneration is derived by a resident of the other Contracting State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94
Directors’ fees and other similar payments derived by a resident of a Contracting State in the 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 — Mongolia Tax Convention Act, 2002 — C-6.94 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 — Mongolia Tax Convention Act, 2002 — C-6.94 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 personally 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 — Mongolia Tax Convention Act, 2002 — C-6.94 3
3 The provisions of paragraph 2 shall not apply if it is established that neither the entertainer or the sportsperson nor persons related thereto participate directly or indirectly in the profits of the person referred to in that paragraph.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 4
4 The provisions of paragraphs 1 and 2 shall not apply to income derived from activities performed in a Contracting State by artistes or sportspersons if the visit to that State is wholly or mainly supported by public funds of one or both of the Contracting States or political subdivisions or local authorities thereof. In such a case, the income shall be taxable only in the Contracting State in which the artiste or the sportsperson is a resident.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 1
1 Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 2
2 Pensions 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 laws of that State. However, in the case of periodic pension payments, other than payments under the social security legislation in a Contracting State, the tax so charged shall not exceed the lesser of (a) 15 per cent of the gross amount of the payment; and (b) the rate determined by reference to the amount of tax that the recipient of the payment would otherwise be required to pay for the year on the total amount of the periodic pension payments received by the individual in the year, if the individual were resident in the Contracting State in which the payment arises.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (a)
(a) 15 per cent of the gross amount of the payment; and
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (b)
(b) the rate determined by reference to the amount of tax that the recipient of the payment would otherwise be required to pay for the year on the total amount of the periodic pension payments received by the individual in the year, if the individual were resident in the Contracting State in which the payment arises.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 3
3 Annuities 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, but the tax so charged shall not exceed 15 per cent of the portion thereof that is subject to tax in that State. However, this limitation does not apply to lump-sum payments arising on the surrender, cancellation, redemption, sale or other alienation of an annuity, or to payments of any kind under an annuity contract the cost of which was deductible, in whole or in part, in computing the income of any person who acquired the contract.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 4
4 Notwithstanding anything in this Convention (a) war pensions and allowances (including pensions and allowances paid to war veterans or paid as a consequence of damages or injuries suffered as a consequence of a war) arising in a Contracting State and paid to a resident of the other Contracting State shall be exempt from tax in that other State to the extent that they would be exempt from tax if received by a resident of the first-mentioned State; (b) benefits under the social security legislation in a Contracting State paid to a resident of the other Contracting State shall be taxable only in the first-mentioned State; and (c) alimony and other similar 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 — Mongolia Tax Convention Act, 2002 — C-6.94 (a)
(a) war pensions and allowances (including pensions and allowances paid to war veterans or paid as a consequence of damages or injuries suffered as a consequence of a war) arising in a Contracting State and paid to a resident of the other Contracting State shall be exempt from tax in that other State to the extent that they would be exempt from tax if received by a resident of the first-mentioned State;
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (b)
(b) benefits under the social security legislation in a Contracting State paid to a resident of the other Contracting State shall be taxable only in the first-mentioned State; and
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (c)
(c) alimony and other similar 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 — Mongolia Tax Convention Act, 2002 — C-6.94 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 — Mongolia Tax Convention Act, 2002 — C-6.94 (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 — Mongolia Tax Convention Act, 2002 — C-6.94 (ii)
(ii) did not become a resident of that State solely for the purpose of rendering the services.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 2
2 The provisions of paragraph 1 shall not 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 — Mongolia Tax Convention Act, 2002 — C-6.94
Payments which a student, apprentice or business trainee 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 — Mongolia Tax Convention Act, 2002 — C-6.94 1
1 Subject to the provisions of paragraph 2, items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 2
2 However, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the State in which it arises and according to the law of that State. Where such income is income from a trust, other than a trust to which contributions were deductible, the tax so charged shall, if the income is taxable in the Contracting State in which the beneficial owner is a resident, not exceed 15 per cent of the gross amount of the income.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 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 — Mongolia Tax Convention Act, 2002 — C-6.94 2
2 Capital represented by movable property forming part of the business property of a permanent establishment that an enterprise of a Contracting State has in the other Contracting State, or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 3
3 Capital represented by ships and aircraft operated by an enterprise of a Contracting State in international traffic and by movable property pertaining to the operation of such ships and aircraft shall be taxable only in that State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 4
4 All other elements of capital of a resident of a Contracting State shall be taxable only in that State.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 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 Mongolia on profits, income or gains arising in Mongolia shall be deducted from any Canadian tax payable in respect of such profits, income or gains; (b) where, in accordance with any provision of the Convention, income derived or capital owned by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income or capital, take into account the exempted income or capital.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (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 Mongolia on profits, income or gains arising in Mongolia shall be deducted from any Canadian tax payable in respect of such profits, income or gains;
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (b)
(b) where, in accordance with any provision of the Convention, income derived or capital owned by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income or capital, take into account the exempted income or capital.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 2
2 In the case of Mongolia, where a resident of Mongolia derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in Canada, the following rules are applicable: (a) Mongolia shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada; (ii) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Canada. Such deduction in either case shall not, however, exceed that part of the income tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in Canada. (b) Where in accordance with any provision of the Convention income derived or capital owned by a resident of Mongolia is exempt from tax in Mongolia, Mongolia 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 — Mongolia Tax Convention Act, 2002 — C-6.94 (a)
(a) Mongolia shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada; (ii) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Canada. Such deduction in either case shall not, however, exceed that part of the income tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in Canada.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (i)
(i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada;
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (ii)
(ii) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Canada.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94
Such deduction in either case shall not, however, exceed that part of the income tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in Canada.
Canada — Mongolia Tax Convention Act, 2002 — C-6.94 (b)
(b) Where in accordance with any provision of the Convention income derived or capital owned by a resident of Mongolia is exempt from tax in Mongolia, Mongolia 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.