GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Conventions Implementation Act, 1995 — I-3.5 1
1 Management fees arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
Income Tax Conventions Implementation Act, 1995 — I-3.5 2
2 However, such management fees may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if a resident of the other Contracting State is the beneficial owner of the management fees the tax so charged shall not exceed 10 per cent of the gross amount of the management fees.
Income Tax Conventions Implementation Act, 1995 — I-3.5 3
3 The term “management fees” as used in this Article means payments of any kind to any person, other than to an employee of the person making the payments, in consideration for any services, including advice, of a technical, managerial or consultancy nature, but it does not include payments for professional services referred to in Article 14.
Income Tax Conventions Implementation Act, 1995 — I-3.5 4
4 The provisions of paragraph 2 shall not apply if the beneficial owner of the management fees, being a resident of a Contracting State, carries on business in the other Contracting State in which the management fees arise through a permanent establishment situated therein, and the obligation in respect of which the management fees are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.
Income Tax Conventions Implementation Act, 1995 — I-3.5 5
5 Management fees shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the management fees, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment in connection with which the obligation to pay the management fees was incurred, and such management fees are borne by such permanent establishment, then such management fees shall be deemed to arise in the State in which the permanent establishment is situated.
Income Tax Conventions Implementation Act, 1995 — I-3.5 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 management fees, having regard to the services, including advice, for which they are paid, exceeds 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.
Income Tax Conventions Implementation Act, 1995 — I-3.5 1
1 Income derived by an individual who is a resident of a Contracting State in respect of professional services or other activities of an independent character may be taxed in the other Contracting State but only to the extent that such income (a) earned in that other State in the year of income, exceeds a gross amount of eight thousand five hundred Canadian dollars ($8,500) or its equivalent in Trinidad and Tobago currency; and (b) is attributable to his services performed in that other State.
Income Tax Conventions Implementation Act, 1995 — I-3.5 (a)
(a) earned in that other State in the year of income, exceeds a gross amount of eight thousand five hundred Canadian dollars ($8,500) or its equivalent in Trinidad and Tobago currency; and
Income Tax Conventions Implementation Act, 1995 — I-3.5 (b)
(b) is attributable to his services performed in that other State.
Income Tax Conventions Implementation Act, 1995 — I-3.5 2
2 Where the income may be taxed in the other Contracting State under paragraph 1, there shall be allowed as a deduction expenses incurred in the performance of those services including reasonable administrative and general expenses so incurred, whether in the Contracting State in which the services are performed or elsewhere.
Income Tax Conventions Implementation Act, 1995 — I-3.5 3
3 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.
Income Tax Conventions Implementation Act, 1995 — I-3.5 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 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 either (a) the remuneration earned in the other Contracting State in the calendar year concerned does not exceed eight thousand five hundred Canadian dollars ($8,500) or its equivalent in Trinidad and Tobago currency or such amounts as may be specified and agreed in letters exchanged between the competent authorities of the Contracting States; or (b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and such remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.
Income Tax Conventions Implementation Act, 1995 — I-3.5 (a)
(a) the remuneration earned in the other Contracting State in the calendar year concerned does not exceed eight thousand five hundred Canadian dollars ($8,500) or its equivalent in Trinidad and Tobago currency or such amounts as may be specified and agreed in letters exchanged between the competent authorities of the Contracting States; or
Income Tax Conventions Implementation Act, 1995 — I-3.5 (b)
(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and such remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.
Income Tax Conventions Implementation Act, 1995 — I-3.5
Directors’ fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State, may be taxed in that other State.
Income Tax Conventions Implementation Act, 1995 — I-3.5 3
3 The provisions of paragraphs 1 and 2 shall not apply (a) to income derived from activities performed in a Contracting State by entertainers or sportsmen if the visit to that Contracting State is substantially supported by public funds of the other Contracting State, including any political subdivision, local authority or statutory body thereof; or (b) to a non-profit organization no part of the income of which was payable to, or was otherwise available for the personal benefit of, any proprietor, member or shareholder thereof.
Income Tax Conventions Implementation Act, 1995 — I-3.5 (a)
(a) to income derived from activities performed in a Contracting State by entertainers or sportsmen if the visit to that Contracting State is substantially supported by public funds of the other Contracting State, including any political subdivision, local authority or statutory body thereof; or
Income Tax Conventions Implementation Act, 1995 — I-3.5 (b)
(b) to a non-profit organization no part of the income of which was payable to, or was otherwise available for the personal benefit of, any proprietor, member or shareholder thereof.
Income Tax Conventions Implementation Act, 1995 — I-3.5 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.
Income Tax Conventions Implementation Act, 1995 — I-3.5 2
2 Pensions and 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. However, in the case of periodic pension payments, the tax so charged shall not exceed 15 per cent of the gross amount of the payment.
Income Tax Conventions Implementation Act, 1995 — I-3.5 3
3 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 or paid to members, or former members, of the armed forces as a consequence of damages or injuries suffered as a consequence of their duties) 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) pensions and other payments made under the social security legislation in a Contracting State shall be taxable only in that 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.
Income Tax Conventions Implementation Act, 1995 — I-3.5 (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 or paid to members, or former members, of the armed forces as a consequence of damages or injuries suffered as a consequence of their duties) 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;
Income Tax Conventions Implementation Act, 1995 — I-3.5 (b)
(b) pensions and other payments made under the social security legislation in a Contracting State shall be taxable only in that State; and
Income Tax Conventions Implementation Act, 1995 — I-3.5 (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.
Income Tax Conventions Implementation Act, 1995 — I-3.5 (b)
(b) however, such salaries, wages or 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.
Income Tax Conventions Implementation Act, 1995 — I-3.5
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 his education or training receives for the purpose of his maintenance, education or training shall not be taxed in that State, provided that such payments arise from sources outside that State.
Income Tax Conventions Implementation Act, 1995 — I-3.5
Notwithstanding the provisions of any other Article of this Convention, items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention may be taxed by each Contracting State in accordance with the provision of its domestic law.
Income Tax Conventions Implementation Act, 1995 — I-3.5 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 Trinidad and Tobago on profits, income or gains arising in Trinidad and Tobago 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 taxation of income from a foreign affiliate and to any subsequent modification of those provisions — which shall not affect the general principle hereof — for the purpose of computing Canadian tax, a company which is a resident of Canada shall be allowed to deduct in computing its taxable income any dividend received by it out of the exempt surplus of a foreign affiliate which is a resident of Trinidad and Tobago.
Income Tax Conventions Implementation Act, 1995 — I-3.5 (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 Trinidad and Tobago on profits, income or gains arising in Trinidad and Tobago shall be deducted from any Canadian tax payable in respect of such profits, income or gains;
Income Tax Conventions Implementation Act, 1995 — I-3.5 (b)
(b) subject to the existing provisions of the law of Canada regarding the taxation of income from a foreign affiliate and to any subsequent modification of those provisions — which shall not affect the general principle hereof — for the purpose of computing Canadian tax, a company which is a resident of Canada shall be allowed to deduct in computing its taxable income any dividend received by it out of the exempt surplus of a foreign affiliate which is a resident of Trinidad and Tobago.
Income Tax Conventions Implementation Act, 1995 — I-3.5 2
2 For the purposes of subparagraph (a) of paragraph 1, tax payable in Trinidad and Tobago by a company which is a resident of Canada in respect of profits attributable to manufacturing and agricultural activities, exploration or exploitation of natural resources and construction, telecommunications, data processing, engineering or tourism projects or services carried on or provided as part of an active business carried on by it in Trinidad and Tobago shall be deemed to include any amount which would have been payable thereon as Trinidad and Tobago tax for any year but for an exemption from or reduction of tax granted for that year or any part thereof under specific Trinidad and Tobago legislation to promote economic development, provided that relief from Canadian tax shall not be given by virtue of this paragraph in respect of income from any source if the income arises in a period starting more than ten years after the exemption from, or reduction of, Trinidad and Tobago tax was first granted in respect of that source.
Income Tax Conventions Implementation Act, 1995 — I-3.5 3
3 In the case of Trinidad and Tobago, double taxation shall be avoided as follows: (a) subject to the provisions of the law of Trinidad and Tobago regarding the allowance of a credit against Trinidad and Tobago tax of tax payable in a territory outside Trinidad and Tobago (which shall not affect the general principle hereof), (i) Canadian tax payable under the law of Canada and in accordance with this Convention, whether directly or by deduction, on profits or income from sources within Canada (excluding, in the case of a dividend, tax payable in respect of the profits out of which the dividend is paid) shall be allowed as a credit against any Trinidad and Tobago tax computed by reference to the same profits or income by reference to which the Canadian tax is computed, (ii) in the case of a dividend paid by a company which is a resident of Canada to a company which is a resident of Trinidad and Tobago and which controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividend the credit shall take into account, in addition to any Canadian tax creditable under (i), the Canadian tax payable by the company paying the dividend in respect of the profits out of which such dividend is paid; (b) the credit, however, shall in no case exceed that part of the tax, as computed before the credit is given, which is appropriate to the income which may be taxed in Canada.
Income Tax Conventions Implementation Act, 1995 — I-3.5 (a)
(a) subject to the provisions of the law of Trinidad and Tobago regarding the allowance of a credit against Trinidad and Tobago tax of tax payable in a territory outside Trinidad and Tobago (which shall not affect the general principle hereof), (i) Canadian tax payable under the law of Canada and in accordance with this Convention, whether directly or by deduction, on profits or income from sources within Canada (excluding, in the case of a dividend, tax payable in respect of the profits out of which the dividend is paid) shall be allowed as a credit against any Trinidad and Tobago tax computed by reference to the same profits or income by reference to which the Canadian tax is computed, (ii) in the case of a dividend paid by a company which is a resident of Canada to a company which is a resident of Trinidad and Tobago and which controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividend the credit shall take into account, in addition to any Canadian tax creditable under (i), the Canadian tax payable by the company paying the dividend in respect of the profits out of which such dividend is paid;
Income Tax Conventions Implementation Act, 1995 — I-3.5 (i)
(i) Canadian tax payable under the law of Canada and in accordance with this Convention, whether directly or by deduction, on profits or income from sources within Canada (excluding, in the case of a dividend, tax payable in respect of the profits out of which the dividend is paid) shall be allowed as a credit against any Trinidad and Tobago tax computed by reference to the same profits or income by reference to which the Canadian tax is computed,
Income Tax Conventions Implementation Act, 1995 — I-3.5 (ii)
(ii) in the case of a dividend paid by a company which is a resident of Canada to a company which is a resident of Trinidad and Tobago and which controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividend the credit shall take into account, in addition to any Canadian tax creditable under (i), the Canadian tax payable by the company paying the dividend in respect of the profits out of which such dividend is paid;
Income Tax Conventions Implementation Act, 1995 — I-3.5 (b)
(b) the credit, however, shall in no case exceed that part of the tax, as computed before the credit is given, which is appropriate to the income which may be taxed in Canada.
Income Tax Conventions Implementation Act, 1995 — I-3.5 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 are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to individuals who are not residents of one or both of the Contracting States.
Income Tax Conventions Implementation Act, 1995 — I-3.5 1
1 Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Convention, he may, irrespective of the remedies provided by the domestic law of those States, address to the competent authority of the Contracting State of which he is a resident or, if his case comes under paragraph 1 of Article 23, to that of the Contracting State of which he 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 two years from the first notification of the action which gives rise to taxation not in accordance with this Convention.
Income Tax Conventions Implementation Act, 1995 — I-3.5 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 this Convention.
Income Tax Conventions Implementation Act, 1995 — I-3.5 3
3 A Contracting State shall not, after the expiry of the time limits provided in its national laws and, in any case, after six years from the end of the taxable period in which the income concerned has accrued, increase the tax base of a resident of either of the Contracting States by including therein items of income which 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.
Income Tax Conventions Implementation Act, 1995 — I-3.5 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.
Income Tax Conventions Implementation Act, 1995 — I-3.5 5
5 The competent authorities of the Contracting States may consult together for the elimination of double taxation in cases not provided for in this Convention and may communicate with each other directly for the purpose of applying this Convention.
Income Tax Conventions Implementation Act, 1995 — I-3.5 1
1 The competent authorities of the Contracting States shall exchange such information as is relevant for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning taxes covered by this Convention insofar as the taxation thereunder is not contrary to this Convention. The exchange of information is not restricted by Article 1. Any information received 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) involved in the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to, taxes covered by this Convention. 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.
Income Tax Conventions Implementation Act, 1995 — I-3.5 2
2 Nothing in paragraph 1 shall be construed so as to impose on a Contracting State the obligation (a) to carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State; (b) 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; (c) 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 ).
Income Tax Conventions Implementation Act, 1995 — I-3.5 (a)
(a) to carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State;
Income Tax Conventions Implementation Act, 1995 — I-3.5 2
2 Notwithstanding Article 4, an individual who is a member of a diplomatic mission, consular post or permanent mission of a Contracting State which 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 he is liable in the sending State to the same obligations in relation to tax on his total income as are residents of that sending State.