GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Serbia Tax Convention Act, 2013 — C-10.14
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, provided that such payments arise from sources outside that State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 4
4 All other elements of capital of a resident of a Contracting State shall be taxable only in that State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 In the case of Canada, double taxation shall be eliminated as follows: 1) subject to the existing provisions of the laws 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 Serbia on profits, income or gains arising in Serbia shall be deducted from any Canadian tax payable in respect of such profits, income or gains; 2) where, in accordance with any provision of this 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–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) subject to the existing provisions of the laws 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 Serbia on profits, income or gains arising in Serbia shall be deducted from any Canadian tax payable in respect of such profits, income or gains;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) where, in accordance with any provision of this 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–Serbia Tax Convention Act, 2013 — C-10.14 2
2 In the case of Serbia, double taxation shall be eliminated as follows: 1) Where a resident of Serbia derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in Canada, Serbia shall allow: (1) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada; (2) 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. 2) Where in accordance with any provision of this Convention income derived or capital owned by a resident of Serbia is exempt from tax in Serbia, Serbia 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–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) Where a resident of Serbia derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in Canada, Serbia shall allow: (1) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada; (2) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Canada.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (1)
(1) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (2)
(2) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Canada.
Canada–Serbia Tax Convention Act, 2013 — C-10.14
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–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) Where in accordance with any provision of this Convention income derived or capital owned by a resident of Serbia is exempt from tax in Serbia, Serbia 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith, which is other or 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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 other or more burdensome than the taxation and connected requirements to which other similar enterprises 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 the other Contracting State or of a third State are or may be subjected.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 5
5 The provisions of this Article shall apply to the taxes referred to in Article 2.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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, if that person’s case comes under paragraph 1 of Article 24, 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. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of this Convention.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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 which is not in accordance with this Convention. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 A Contracting State shall not, after the expiry of the time limits provided in its domestic law and, in any case, after five years from the end of the year to which the income concerned was attributed, increase the tax base of a resident of either of the Contracting States by including therein items of income that have also been charged to tax in the other Contracting State. This paragraph shall not apply in the case of fraud, wilful default or neglect.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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 this Convention. They may also consult together for the elimination of double taxation in cases not provided for in this Convention.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 5
5 The competent authorities of the Contracting States may communicate with each other directly, including through a joint commission consisting of themselves or their representatives, for the purpose of reaching an agreement in the sense of the preceding paragraphs.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 The competent authorities of the Contracting States shall exchange such information as is forseeably 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 this Convention. The exchange of information is not restricted by Articles 1 and 2.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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 or prosecution in respect of, or the determination of appeals in relation to the taxes referred to in paragraph 1, 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–Serbia Tax Convention Act, 2013 — C-10.14 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: 1) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State; 2) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; 3) to supply information which 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–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3)
3) to supply information which 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–Serbia Tax Convention Act, 2013 — C-10.14 4
4 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–Serbia Tax Convention Act, 2013 — C-10.14 5
5 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 that other State may 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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 this Convention to be a resident of the sending State if that individual is liable in the sending State to the same obligations in relation to tax on total income or capital as are residents of that sending State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 This Convention shall not apply to international organizations, to organs or officials thereof and to persons who are members of a diplomatic mission, consular post or permanent mission of a third State or group of States, being present in a Contracting State and who are not liable in either Contracting State to the same obligations in relation to tax on their total income or capital as are residents thereof.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Nothing in this Convention shall be construed as preventing Canada from imposing a tax on amounts included in the income of a resident of Canada with respect to a partnership, trust, or controlled foreign affiliate, in which that resident has an interest.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 Any company, trust or partnership 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 shall not be entitled to the benefits of this Convention if the amount of the tax imposed on the income or capital of the company, trust or partnership 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) is substantially lower than the amount that would be imposed by that State if all of the shares of the capital stock of the company or all of the interests in the trust or partnership, as the case may be, were beneficially owned by one or more residents of that State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 Where under any provision of this Convention any income is relieved from tax in a Contracting State and, under the law in force in the other Contracting State a person, in respect of that income, is subject to tax by reference to the amount thereof that is remitted to or received in that other Contracting State and not by reference to the full amount thereof, then the relief to be allowed under this Convention in the first-mentioned Contracting State shall apply only to so much of the income as is taxed in the other Contracting State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 This Convention shall not apply to a company or other entity that is entitled to income tax benefits pursuant to any law in either Contracting State relating to promotion of increased economic activity (including any law providing for tax-free zones), unless: 1) the company or other entity is a resident of the Contracting State providing the income tax benefits and is wholly-owned directly by individuals who are residents of that State or indirectly by such individuals through one or more entities provided that all such entities are resident of that State; or 2) 90 per cent or more of the income eligible for such benefits is derived exclusively from the active conduct of a trade or business carried on by it other than an investment business.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) the company or other entity is a resident of the Contracting State providing the income tax benefits and is wholly-owned directly by individuals who are residents of that State or indirectly by such individuals through one or more entities provided that all such entities are resident of that State; or
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) 90 per cent or more of the income eligible for such benefits is derived exclusively from the active conduct of a trade or business carried on by it other than an investment business.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 The Contracting States shall notify each other in writing, through diplomatic channels, that the procedures required by their domestic laws for the entry into force of this Convention have been completed. 2 This Convention shall enter into force on the date of the later of these notifications and its provisions shall have effect: 1) in the case of Canada: (1) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the calendar year next following the year in which this Convention enters into force; (2) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year next following the year in which this Convention enters into force; 2) in the case of Serbia, in respect of the taxes on income derived and the taxes on capital owned in each fiscal year beginning on or after the first day of January in the calendar year next following the year in which this Convention enters into force.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 This Convention shall enter into force on the date of the later of these notifications and its provisions shall have effect: 1) in the case of Canada: (1) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the calendar year next following the year in which this Convention enters into force; (2) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year next following the year in which this Convention enters into force; 2) in the case of Serbia, in respect of the taxes on income derived and the taxes on capital owned in each fiscal year beginning on or after the first day of January in the calendar year next following the year in which this Convention enters into force.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) in the case of Canada: (1) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the calendar year next following the year in which this Convention enters into force; (2) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year next following the year in which this Convention enters into force;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (1)
(1) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the calendar year next following the year in which this Convention enters into force;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (2)
(2) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year next following the year in which this Convention enters into force;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) in the case of Serbia, in respect of the taxes on income derived and the taxes on capital owned in each fiscal year beginning on or after the first day of January in the calendar year next following the year in which this Convention enters into force.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
This Convention shall remain in force until terminated by a Contracting State. A Contracting State may terminate this Convention, through diplomatic channels, by giving written notice of termination at least six months before the end of any calendar year after the fifth year from the date of entry into force of this Convention. In such event, this Convention shall cease to have effect: 1) in the case of Canada: (1) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the calendar year next following that in which the notice of termination has been given; (2) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year next following that in which the notice of termination has been given; 2) in the case of Serbia, in respect of the taxes on income derived and the taxes on capital owned in each fiscal year beginning on or after the first day of January in the calendar year next following the year in which the notice of termination has been given.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) in the case of Canada: (1) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the calendar year next following that in which the notice of termination has been given; (2) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year next following that in which the notice of termination has been given;