GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–United States Tax Convention Act, 1984 — C-10.7 “3
“3 For the purposes of applying the United States foreign tax credit in relation to taxes paid or accrued to Canada: (a) Notwithstanding the provisions of paragraph 2(a) of Article II (Taxes Covered), the tax on 1971 undistributed income on hand imposed by Part IX of the Income Tax Act of Canada shall be considered to be an income tax for distributions made on or after the first day of January 1972 and before the first day of January 1979 and shall be considered to be imposed upon the recipient of a distribution, in the proportion that the distribution out of undistributed income with respect to which the tax has been paid bears to 85 per cent of such undistributed income; (b) The principles of paragraph 6 of Article XXIV (Elimination of Double Taxation) shall have effect for taxable years beginning on or after the first day of January 1976; and (c) The provisions of paragraph 1 of Article XXIV shall have effect for taxable years beginning on or after the first day of January 1981. Any claim for refund based on the provisions of this paragraph may be filed on or before June 30 of the calendar year following that in which the Convention enters into force, notwithstanding any rule of domestic law to the contrary.”
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) Notwithstanding the provisions of paragraph 2(a) of Article II (Taxes Covered), the tax on 1971 undistributed income on hand imposed by Part IX of the Income Tax Act of Canada shall be considered to be an income tax for distributions made on or after the first day of January 1972 and before the first day of January 1979 and shall be considered to be imposed upon the recipient of a distribution, in the proportion that the distribution out of undistributed income with respect to which the tax has been paid bears to 85 per cent of such undistributed income;
Canada–United States Tax Convention Act, 1984 — C-10.7 (b)
(b) The principles of paragraph 6 of Article XXIV (Elimination of Double Taxation) shall have effect for taxable years beginning on or after the first day of January 1976; and
Canada–United States Tax Convention Act, 1984 — C-10.7 (c)
(c) The provisions of paragraph 1 of Article XXIV shall have effect for taxable years beginning on or after the first day of January 1981.
Canada–United States Tax Convention Act, 1984 — C-10.7
Any claim for refund based on the provisions of this paragraph may be filed on or before June 30 of the calendar year following that in which the Convention enters into force, notwithstanding any rule of domestic law to the contrary.”
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 of Canada and the United States and instruments of ratification shall be exchanged at Washington 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 in accordance with Article XXX (Entry into Force) of the Convention.
Canada–United States Tax Convention Act, 1984 — C-10.7
IN WITNESS WHEREOF, the undersigned, being 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 Ottawa this 14th day of June, 1983, in the English and French languages, each text being equally authentic.
Canada–United States Tax Convention Act, 1984 — C-10.7
Desiring to conclude a second Protocol to amend the Convention with respect to Taxes on Income and on Capital signed at Washington on September 26, 1980, as amended by the Protocol signed at Ottawa on June 14, 1983 (hereinafter referred to as “the Convention”) ,
Canada–United States Tax Convention Act, 1984 — C-10.7 “5
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 paid to a resident of the other Contracting State shall be taxable as follows: (a) Such benefits shall be taxable only in that other State; (b) Notwithstanding the provisions of subparagraph (a), one-half of the total amount of any such benefit paid in a taxable year shall be exempt from taxation in that other State.”
Canada–United States Tax Convention Act, 1984 — C-10.7 “5
“5 Benefits under the social security legislation in a Contracting State paid to a resident of the other Contracting State shall be taxable as follows: (a) Such benefits shall be taxable only in that other State; (b) Notwithstanding the provisions of subparagraph (a), one-half of the total amount of any such benefit paid in a taxable year shall be exempt from taxation in that other State.”
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) Such benefits shall be taxable only in that other State;
Canada–United States Tax Convention Act, 1984 — C-10.7 (b)
(b) Notwithstanding the provisions of subparagraph (a), one-half of the total amount of any such benefit paid in a taxable year shall be exempt from taxation in that other State.”
Canada–United States Tax Convention Act, 1984 — C-10.7 1
1 Subparagraph 3(a) of Article XXIX (Miscellaneous Rules) of the Convention shall be deleted and replaced by the following: “(a) Under paragraphs 3 and 4 of Article IX (Related Persons), paragraphs 6 and 7 of Article XIII (Gains), paragraphs 1, 3, 4, 5(b) and 6(b) of Article XVIII (Pensions and Annuities), paragraphs 5 and 7 of Article XXIX (Miscellaneous Rules), paragraphs 3 and 5 of Article XXX (Entry into Force), and Articles XIX (Government Service), XXI (Exempt Organizations), XXIV (Elimination of Double Taxation), XXV (Non-Discrimination) and XXVI (Mutual Agreement Procedure); and”
Canada–United States Tax Convention Act, 1984 — C-10.7 “(a)
“(a) Under paragraphs 3 and 4 of Article IX (Related Persons), paragraphs 6 and 7 of Article XIII (Gains), paragraphs 1, 3, 4, 5(b) and 6(b) of Article XVIII (Pensions and Annuities), paragraphs 5 and 7 of Article XXIX (Miscellaneous Rules), paragraphs 3 and 5 of Article XXX (Entry into Force), and Articles XIX (Government Service), XXI (Exempt Organizations), XXIV (Elimination of Double Taxation), XXV (Non-Discrimination) and XXVI (Mutual Agreement Procedure); and”
Canada–United States Tax Convention Act, 1984 — C-10.7 2
2 There shall be added to Article XXIX (Miscellaneous Rules) of the Convention a new paragraph 7, as follows: “7 One-half of the total amount of benefits under the social security legislation in Canada paid in a taxable year to a resident of Canada who is a citizen of the United States shall be exempt from taxation in the United States.”
Canada–United States Tax Convention Act, 1984 — C-10.7 “7
“7 One-half of the total amount of benefits under the social security legislation in Canada paid in a taxable year to a resident of Canada who is a citizen of the United States shall be exempt from taxation in the United States.”
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 of 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 in accordance with the provisions of Article XXX (Entry into Force) of the Convention.
Canada–United States Tax Convention Act, 1984 — C-10.7
DONE in two copies at Washington this 28th day of March, 1984 in the English and French languages, each text being equally authentic.
Canada–United States Tax Convention Act, 1984 — C-10.7
Canada and the United States of America, desiring to conclude a Protocol to amend the Convention 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 and March 28, 1984 (hereinafter referred to as “the Convention”), have agreed as follows:
Canada–United States Tax Convention Act, 1984 — C-10.7 “2
Paragraphs 2 to 4 of Article II (Taxes Covered) of the Convention shall be deleted and replaced by the following: “2 Notwithstanding paragraph 1, the taxes existing on March 17, 1995 to which the Convention shall apply are: (a) In the case of Canada, the taxes imposed by the Government of Canada under the Income Tax Act ; and (b) In the case of the United States, the Federal income taxes imposed by the Internal Revenue Code of 1986. However, the Convention shall apply to: (i) The United States accumulated earnings tax and personal holding company tax, to the extent, and only to the extent, necessary to implement the provisions of paragraphs 5 and 8 of Article X (Dividends); (ii) The United States excise taxes imposed with respect to private foundations, to the extent, and only to the extent, necessary to implement the provisions of paragraph 4 of Article XXI (Exempt Organizations); (iii) The United States social security taxes, to the extent, and only to the extent, necessary to implement the provisions of paragraph 2 of Article XXIV (Elimination of Double Taxation) and paragraph 4 of Article XXIX (Miscellaneous Rules); and (iv) The United States estate taxes imposed by the Internal Revenue Code of 1986, to the extent, and only to the extent, necessary to implement the provisions of paragraph 3(g) of Article XXVI (Mutual Agreement Procedure) and Article XXIX B (Taxes Imposed by Reason of Death). 3 The Convention shall apply also to: (a) Any taxes identical or substantially similar to those taxes to which the Convention applies under paragraph 2; and (b) Taxes on capital; which are imposed after March 17, 1995 in addition to, or in place of, the taxes to which the Convention applies under paragraph 2.”
Canada–United States Tax Convention Act, 1984 — C-10.7 “2
“2 Notwithstanding paragraph 1, the taxes existing on March 17, 1995 to which the Convention shall apply are: (a) In the case of Canada, the taxes imposed by the Government of Canada under the Income Tax Act ; and (b) In the case of the United States, the Federal income taxes imposed by the Internal Revenue Code of 1986. However, the Convention shall apply to: (i) The United States accumulated earnings tax and personal holding company tax, to the extent, and only to the extent, necessary to implement the provisions of paragraphs 5 and 8 of Article X (Dividends); (ii) The United States excise taxes imposed with respect to private foundations, to the extent, and only to the extent, necessary to implement the provisions of paragraph 4 of Article XXI (Exempt Organizations); (iii) The United States social security taxes, to the extent, and only to the extent, necessary to implement the provisions of paragraph 2 of Article XXIV (Elimination of Double Taxation) and paragraph 4 of Article XXIX (Miscellaneous Rules); and (iv) The United States estate taxes imposed by the Internal Revenue Code of 1986, to the extent, and only to the extent, necessary to implement the provisions of paragraph 3(g) of Article XXVI (Mutual Agreement Procedure) and Article XXIX B (Taxes Imposed by Reason of Death).
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) In the case of Canada, the taxes imposed by the Government of Canada under the Income Tax Act ; and
Canada–United States Tax Convention Act, 1984 — C-10.7 (b)
(b) In the case of the United States, the Federal income taxes imposed by the Internal Revenue Code of 1986. However, the Convention shall apply to: (i) The United States accumulated earnings tax and personal holding company tax, to the extent, and only to the extent, necessary to implement the provisions of paragraphs 5 and 8 of Article X (Dividends); (ii) The United States excise taxes imposed with respect to private foundations, to the extent, and only to the extent, necessary to implement the provisions of paragraph 4 of Article XXI (Exempt Organizations); (iii) The United States social security taxes, to the extent, and only to the extent, necessary to implement the provisions of paragraph 2 of Article XXIV (Elimination of Double Taxation) and paragraph 4 of Article XXIX (Miscellaneous Rules); and (iv) The United States estate taxes imposed by the Internal Revenue Code of 1986, to the extent, and only to the extent, necessary to implement the provisions of paragraph 3(g) of Article XXVI (Mutual Agreement Procedure) and Article XXIX B (Taxes Imposed by Reason of Death).
Canada–United States Tax Convention Act, 1984 — C-10.7 (i)
(i) The United States accumulated earnings tax and personal holding company tax, to the extent, and only to the extent, necessary to implement the provisions of paragraphs 5 and 8 of Article X (Dividends);
Canada–United States Tax Convention Act, 1984 — C-10.7 (ii)
(ii) The United States excise taxes imposed with respect to private foundations, to the extent, and only to the extent, necessary to implement the provisions of paragraph 4 of Article XXI (Exempt Organizations);
Canada–United States Tax Convention Act, 1984 — C-10.7 (iii)
(iii) The United States social security taxes, to the extent, and only to the extent, necessary to implement the provisions of paragraph 2 of Article XXIV (Elimination of Double Taxation) and paragraph 4 of Article XXIX (Miscellaneous Rules); and
Canada–United States Tax Convention Act, 1984 — C-10.7 (iv)
(iv) The United States estate taxes imposed by the Internal Revenue Code of 1986, to the extent, and only to the extent, necessary to implement the provisions of paragraph 3(g) of Article XXVI (Mutual Agreement Procedure) and Article XXIX B (Taxes Imposed by Reason of Death).
Canada–United States Tax Convention Act, 1984 — C-10.7 3
3 The Convention shall apply also to: (a) Any taxes identical or substantially similar to those taxes to which the Convention applies under paragraph 2; and (b) Taxes on capital; which are imposed after March 17, 1995 in addition to, or in place of, the taxes to which the Convention applies under paragraph 2.”
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) Any taxes identical or substantially similar to those taxes to which the Convention applies under paragraph 2; and
Canada–United States Tax Convention Act, 1984 — C-10.7
which are imposed after March 17, 1995 in addition to, or in place of, the taxes to which the Convention applies under paragraph 2.”
Canada–United States Tax Convention Act, 1984 — C-10.7 “(c)
Subparagraphs (c) and (d) of paragraph 1 of Article III (General Definitions) of the Convention shall be deleted and replaced by the following: “(c) The term Canadian tax means the taxes referred to in Article II (Taxes Covered) that are imposed on income by Canada; (d) The term United States tax means the taxes referred to in Article II (Taxes Covered), other than in subparagraph (b)(i) to (iv) of paragraph 2 thereof, that are imposed on income by the United States;”
Canada–United States Tax Convention Act, 1984 — C-10.7 “(c)
“(c) The term Canadian tax means the taxes referred to in Article II (Taxes Covered) that are imposed on income by Canada;
Canada–United States Tax Convention Act, 1984 — C-10.7 (d)
(d) The term United States tax means the taxes referred to in Article II (Taxes Covered), other than in subparagraph (b)(i) to (iv) of paragraph 2 thereof, that are imposed on income by the United States;”
Canada–United States Tax Convention Act, 1984 — C-10.7 1
1 Paragraph 1 of Article IV (Residence) of the Convention shall be deleted and replaced by the following: “1 For the purposes of this Convention, the term resident of a Contracting State means any person that, under the laws of that State, is liable to tax therein by reason of that person’s domicile, residence, citizenship, place of management, place of incorporation or any other criterion of a similar nature, but in the case of an estate or trust, only to the extent that income derived by the estate or trust is liable to tax in that State, either in its hands or in the hands of its beneficiaries. For the purposes of this paragraph, an individual who is not a resident of Canada under this paragraph and who is a United States citizen or an alien admitted to the United States for permanent residence (a “green card” holder) is a resident of the United States only if the individual has a substantial presence, permanent home or habitual abode in the United States, and that individual’s personal and economic relations are closer to the United States than to any third State. The term resident of a Contracting State is understood to include: (a) The Government of that State or a political subdivision or local authority thereof or any agency or instrumentality of any such government, subdivision or authority, and (b) (i) A trust, organization or other arrangement that is operated exclusively to administer or provide pension, retirement or employee benefits; and (ii) A not-for-profit organization that was constituted in that State and that is, by reason of its nature as such, generally exempt from income taxation in that State.”
Canada–United States Tax Convention Act, 1984 — C-10.7 “1
“1 For the purposes of this Convention, the term resident of a Contracting State means any person that, under the laws of that State, is liable to tax therein by reason of that person’s domicile, residence, citizenship, place of management, place of incorporation or any other criterion of a similar nature, but in the case of an estate or trust, only to the extent that income derived by the estate or trust is liable to tax in that State, either in its hands or in the hands of its beneficiaries. For the purposes of this paragraph, an individual who is not a resident of Canada under this paragraph and who is a United States citizen or an alien admitted to the United States for permanent residence (a “green card” holder) is a resident of the United States only if the individual has a substantial presence, permanent home or habitual abode in the United States, and that individual’s personal and economic relations are closer to the United States than to any third State. The term resident of a Contracting State is understood to include: (a) The Government of that State or a political subdivision or local authority thereof or any agency or instrumentality of any such government, subdivision or authority, and (b) (i) A trust, organization or other arrangement that is operated exclusively to administer or provide pension, retirement or employee benefits; and (ii) A not-for-profit organization that was constituted in that State and that is, by reason of its nature as such, generally exempt from income taxation in that State.”
Canada–United States Tax Convention Act, 1984 — C-10.7 (a)
(a) The Government of that State or a political subdivision or local authority thereof or any agency or instrumentality of any such government, subdivision or authority, and
Canada–United States Tax Convention Act, 1984 — C-10.7 (b) (i)
(b) (i) A trust, organization or other arrangement that is operated exclusively to administer or provide pension, retirement or employee benefits; and (ii) A not-for-profit organization
Canada–United States Tax Convention Act, 1984 — C-10.7
that was constituted in that State and that is, by reason of its nature as such, generally exempt from income taxation in that State.”
Canada–United States Tax Convention Act, 1984 — C-10.7 2
2 A new sentence shall be added at the end of paragraph 3 of Article IV (Residence) of the Convention as follows: “Notwithstanding the preceding sentence, a company that was created in a Contracting State, that is a resident of both Contracting States and that is continued at any time in the other Contracting State in accordance with the corporate law in that other State shall be deemed while it is so continued to be a resident of that other State.”
Canada–United States Tax Convention Act, 1984 — C-10.7
“Notwithstanding the preceding sentence, a company that was created in a Contracting State, that is a resident of both Contracting States and that is continued at any time in the other Contracting State in accordance with the corporate law in that other State shall be deemed while it is so continued to be a resident of that other State.”
Canada–United States Tax Convention Act, 1984 — C-10.7 “3
Paragraphs 3 and 4 of Article IX (Related Persons) of the Convention shall be deleted and replaced by the following: “3 Where an adjustment is made or to be made by a Contracting State in accordance with paragraph 1, the other Contracting State shall (notwithstanding any time or procedural limitations in the domestic law of that other State) make a corresponding adjustment to the income, loss or tax of the related person in that other State if: (a) It agrees with the first-mentioned adjustment; and (b) Within six years from the end of the taxable year to which the first-mentioned adjustment relates, the competent authority of the other State has been notified of the first-mentioned adjustment. The competent authorities, however, may agree to consider cases where the corresponding adjustment would not otherwise be barred by any time or procedural limitations in the other State, even if the notification is not made within the six-year period. 4 In the event that the notification referred to in paragraph 3 is not given within the time period referred to therein, and the competent authorities have not agreed to otherwise consider the case in accordance with paragraph 3(b), the competent authority of the Contracting State which has made or is to make the first-mentioned adjustment may provide relief from double taxation where appropriate.”
Canada–United States Tax Convention Act, 1984 — C-10.7 “3
“3 Where an adjustment is made or to be made by a Contracting State in accordance with paragraph 1, the other Contracting State shall (notwithstanding any time or procedural limitations in the domestic law of that other State) make a corresponding adjustment to the income, loss or tax of the related person in that other State if: (a) It agrees with the first-mentioned adjustment; and (b) Within six years from the end of the taxable year to which the first-mentioned adjustment relates, the competent authority of the other State has been notified of the first-mentioned adjustment. The competent authorities, however, may agree to consider cases where the corresponding adjustment would not otherwise be barred by any time or procedural limitations in the other State, even if the notification is not made within the six-year period.
Canada–United States Tax Convention Act, 1984 — C-10.7 (b)
(b) Within six years from the end of the taxable year to which the first-mentioned adjustment relates, the competent authority of the other State has been notified of the first-mentioned adjustment. The competent authorities, however, may agree to consider cases where the corresponding adjustment would not otherwise be barred by any time or procedural limitations in the other State, even if the notification is not made within the six-year period.
Canada–United States Tax Convention Act, 1984 — C-10.7 4
4 In the event that the notification referred to in paragraph 3 is not given within the time period referred to therein, and the competent authorities have not agreed to otherwise consider the case in accordance with paragraph 3(b), the competent authority of the Contracting State which has made or is to make the first-mentioned adjustment may provide relief from double taxation where appropriate.”
Canada–United States Tax Convention Act, 1984 — C-10.7 1
1 The references in paragraphs 2(a) and 6 of Article X (Dividends) of the Convention to a rate of tax of “10 per cent” shall be deleted and replaced by references to a rate of tax of “5 per cent”.