GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Finland Tax Convention Act, 2006 — C-5.2 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 and 14, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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–Finland Tax Convention Act, 2006 — C-5.2 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–Finland Tax Convention Act, 2006 — C-5.2 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, the tax so charged shall not exceed 20 per cent of the gross amount of the payment.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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 laws 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–Finland Tax Convention Act, 2006 — C-5.2 4
4 Notwithstanding any provision of this Convention, war veterans pensions and allowances 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–Finland Tax Convention Act, 2006 — C-5.2 5
5 The term annuity as used in this Article means a stated sum payable periodically to an individual at stated times during the individual’s life, or during a specified or ascertainable period of time, under an obligation to make the payments in return for adequate and full consideration in money or money’s worth (other than services rendered).
Canada–Finland Tax Convention Act, 2006 — C-5.2 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–Finland Tax Convention Act, 2006 — C-5.2 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–Finland Tax Convention Act, 2006 — C-5.2 (ii)
(ii) did not become a resident of that State solely for the purpose of rendering the services.
Canada–Finland Tax Convention Act, 2006 — C-5.2 2
2 The provisions of Articles 14, 15 and 16 shall apply to salaries, wages and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof.
Canada–Finland Tax Convention Act, 2006 — C-5.2
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–Finland Tax Convention Act, 2006 — C-5.2 1
1 Subject to the provisions of paragraph 2, items of income of a resident of a Contracting State not dealt with in the foregoing Articles of this Convention shall be taxable only in that State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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. However, in the case of income from a trust, the tax so charged shall, provided that the income is taxable in the Contracting State in which the recipient resides, not exceed 15 per cent of the gross amount of the income.
Canada–Finland Tax Convention Act, 2006 — C-5.2 3
3 For the purposes of this Article, a trust does not include an arrangement whereby the contributions made to the trust are deductible for the purposes of taxation in Canada.
Canada–Finland Tax Convention Act, 2006 — C-5.2 1
1 In the case of Canada, double taxation shall be eliminated 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 Finland on profits, income or gains arising in Finland shall be deducted from any Canadian tax payable in respect of such profits, income or gains; b) subject to the existing provisions of the law of Canada regarding the allowance as a credit against Canadian tax of tax payable in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — where a company which is a resident of Finland pays a dividend to a company which is a resident of Canada and which controls directly or indirectly at least 10 per cent of the voting power in the first-mentioned company, the credit shall take into account the tax payable in Finland by that first-mentioned company in respect of the profits out of which such dividend is paid; and c) where in accordance with any provision of the Convention income derived by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income, take into account the exempted income.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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 Finland on profits, income or gains arising in Finland shall be deducted from any Canadian tax payable in respect of such profits, income or gains;
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) subject to the existing provisions of the law of Canada regarding the allowance as a credit against Canadian tax of tax payable in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — where a company which is a resident of Finland pays a dividend to a company which is a resident of Canada and which controls directly or indirectly at least 10 per cent of the voting power in the first-mentioned company, the credit shall take into account the tax payable in Finland by that first-mentioned company in respect of the profits out of which such dividend is paid; and
Canada–Finland Tax Convention Act, 2006 — C-5.2 c)
c) where in accordance with any provision of the Convention income derived by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income, take into account the exempted income.
Canada–Finland Tax Convention Act, 2006 — C-5.2 2
2 Subject to the provisions of Finnish law regarding the elimination of international double taxation (which shall not affect the general principle hereof) double taxation shall be eliminated in Finland as follows: a) Where a resident of Finland derives income which, in accordance with the provisions of this Convention, may be taxed in Canada, Finland shall, subject to the provisions of subparagraph b), allow as a deduction from the Finnish tax of that person, an amount equal to the Canadian tax paid under Canadian law and in accordance with the Convention, as computed by reference to the same income by reference to which the Finnish tax is computed. b) Dividends paid by a company which is a resident of Canada to a company which is a resident of Finland and which controls directly at least 10 per cent of the voting power in the company paying the dividends shall be exempt from Finnish tax. c) Where in accordance with any provision of the Convention income derived by a resident of Finland is exempt from tax in Finland, Finland may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) Where a resident of Finland derives income which, in accordance with the provisions of this Convention, may be taxed in Canada, Finland shall, subject to the provisions of subparagraph b), allow as a deduction from the Finnish tax of that person, an amount equal to the Canadian tax paid under Canadian law and in accordance with the Convention, as computed by reference to the same income by reference to which the Finnish tax is computed.
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) Dividends paid by a company which is a resident of Canada to a company which is a resident of Finland and which controls directly at least 10 per cent of the voting power in the company paying the dividends shall be exempt from Finnish tax.
Canada–Finland Tax Convention Act, 2006 — C-5.2 c)
c) Where in accordance with any provision of the Convention income derived by a resident of Finland is exempt from tax in Finland, Finland may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income.
Canada–Finland Tax Convention Act, 2006 — C-5.2 3
3 For the purposes of this Article, profits, income or gains of a resident of a Contracting State which are taxed in the other Contracting State in accordance with the Convention shall be deemed to arise from sources in that other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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 more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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–Finland Tax Convention Act, 2006 — C-5.2 3
3 Nothing in this Article shall be construed as obliging a Contracting State to grant to residents of the other Contracting State personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents.
Canada–Finland Tax Convention Act, 2006 — C-5.2 4
4 In this Article, the term taxation means taxes which are the subject of this Convention.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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 these States, address to the competent authority of the Contracting State of which that person is a resident an application in writing stating the grounds for claiming the revision of such taxation. To be admissible, the said application must be submitted within three years from the first notification of the action which gives rise to taxation not in accordance with the Convention.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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 the Convention.
Canada–Finland Tax Convention Act, 2006 — C-5.2 3
3 A Contracting State shall not 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.
Canada–Finland Tax Convention Act, 2006 — C-5.2 4
4 The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. In particular, the competent authorities of the Contracting State may consult together to endeavour to agree: a) to the same attribution of profits to a resident of a Contracting State and its permanent establishment situated in the other Contracting State; b) to the same allocation of income between a resident of a Contracting State and any associated person provided for in Article 9.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) to the same attribution of profits to a resident of a Contracting State and its permanent establishment situated in the other Contracting State;
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) to the same allocation of income between a resident of a Contracting State and any associated person provided for in Article 9.
Canada–Finland Tax Convention Act, 2006 — C-5.2 5
5 The competent authorities of the Contracting States may consult together for the elimination of double taxation in cases not provided for in the Convention.
Canada–Finland Tax Convention Act, 2006 — C-5.2 1
1 The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States insofar as the taxation thereunder is not contrary to the Convention. In the case of Finland, such exchange of information also covers taxes imposed on behalf of its local authorities. The exchange of information is not restricted by Articles 1 and 2.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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, 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–Finland Tax Convention Act, 2006 — C-5.2 3
3 In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation: a) to carry out administrative measures at variance with the laws and 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.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
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;
Canada–Finland Tax Convention Act, 2006 — C-5.2 c)
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.
Canada–Finland Tax Convention Act, 2006 — C-5.2 4
4 If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though 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–Finland Tax Convention Act, 2006 — C-5.2 5
5 In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.
Canada–Finland Tax Convention Act, 2006 — C-5.2 1
1 Nothing in this Convention shall affect the fiscal privileges of diplomatic agents or consular officers under the general rules of international law or under the provisions of special agreements.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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 the 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 as are residents of that sending State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 3
3 The 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, 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 as are residents thereof.
Canada–Finland Tax Convention Act, 2006 — C-5.2 1
1 The provisions of this Convention shall not be construed to restrict in any manner any exclusion, exemption, deduction, credit or other allowance now or hereafter accorded: a) by the laws of a Contracting State in the determination of the tax imposed by that State, or b) by any other agreement entered into by a Contracting State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) by the laws of a Contracting State in the determination of the tax imposed by that State, or
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) by any other agreement entered into by a Contracting State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 2
2 Nothing in the Convention shall be construed as preventing a Contracting State from imposing a tax on amounts included in the income of a resident of that State with respect to a partnership, trust, company or other entity, in which that resident has an interest.
Canada–Finland Tax Convention Act, 2006 — C-5.2 3
3 The Convention shall not apply to any company, trust or other entity that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income or capital of the company, trust or other entity 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 other entity 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 other entity, as the case may be, were beneficially owned by one or more individuals who were residents of that State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 4
4 Notwithstanding anything in the Convention, alimony and other similar payments arising in the 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–Finland Tax Convention Act, 2006 — C-5.2 5
5 The competent authorities of the Contracting States may communicate with each other directly for the purpose of applying the Convention.
Canada–Finland Tax Convention Act, 2006 — C-5.2 6
6 For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of the Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of Article 23 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States.
Canada–Finland Tax Convention Act, 2006 — C-5.2 7
7 Contributions in a year in respect of services rendered in that year paid by, or on behalf of, an individual who is a resident of a Contracting State to a pension plan that is recognized for tax purposes in the other Contracting State shall, during a period not exceeding in the aggregate 48 months, be treated in the same way for tax purposes in the first-mentioned State as a contribution paid to a pension plan that is recognized for tax purposes in that first-mentioned State, if a) such individual was contributing on a regular basis to the pension plan for a period ending immediately before that individual became a resident of the first-mentioned State; and b) the competent authority of the first-mentioned State agrees that the pension plan generally corresponds to a pension plan recognized for tax purposes by that State. For the purposes of this paragraph, pension plan includes a pension plan created under the social security system in a Contracting State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) such individual was contributing on a regular basis to the pension plan for a period ending immediately before that individual became a resident of the first-mentioned State; and