GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Israel Tax Convention Act, 2016 — C-6.42 (e)
(e) the term “ company ” means any body corporate or any entity that is treated as a body corporate for tax purposes;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (f)
(f) the term “ enterprise ” applies to the carrying on of any business;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (g)
(g) the terms “ enterprise of a Contracting State ” and “ enterprise of the other Contracting State ” mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (h)
(h) the term “ international traffic ” means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (i)
(i) the term “ competent authority ” means: (i) in the case of Israel, the Minister of Finance or the Minister’s authorized representative; and (ii) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (i)
(i) in the case of Israel, the Minister of Finance or the Minister’s authorized representative; and
Canada–Israel Tax Convention Act, 2016 — C-6.42 (ii)
(ii) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (j)
(j) the term “ national ”, in relation to a Contracting State, means: (i) any individual possessing the nationality of that Contracting State; and (ii) any legal person, partnership or association deriving its status as such from the laws in force in that Contracting State;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (i)
(i) any individual possessing the nationality of that Contracting State; and
Canada–Israel Tax Convention Act, 2016 — C-6.42 (ii)
(ii) any legal person, partnership or association deriving its status as such from the laws in force in that Contracting State;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (k)
(k) the term “ business ” includes the performance of professional services and of other activities of an independent character;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (l)
(l) the term “ recognized pension plan ” means: (i) in the case of Canada, a plan, arrangement or contract described in paragraph (a) of the definition of “ pension ” under article 5 of the Income Tax Conventions Interpretation Act ; (ii) in the case of Israel, a pension plan that has been approved in accordance with the provisions of the Control of Financial Services Act (provident funds) 2005 , as a Pension provident fund; and (iii) any other pension plan agreed by the competent authorities of both Contracting States.
Canada–Israel Tax Convention Act, 2016 — C-6.42 (i)
(i) in the case of Canada, a plan, arrangement or contract described in paragraph (a) of the definition of “ pension ” under article 5 of the Income Tax Conventions Interpretation Act ;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (ii)
(ii) in the case of Israel, a pension plan that has been approved in accordance with the provisions of the Control of Financial Services Act (provident funds) 2005 , as a Pension provident fund; and
Canada–Israel Tax Convention Act, 2016 — C-6.42 (iii)
(iii) any other pension plan agreed by the competent authorities of both Contracting States.
Canada–Israel Tax Convention Act, 2016 — C-6.42 2
2 As regards the application of this Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which this Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.
Canada–Israel Tax Convention Act, 2016 — C-6.42 1
1 For the purposes of this Convention, the term “ resident of a Contracting State ” means any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, residence, place of management, place of incorporation or any other criterion of a similar nature. This term also includes that State and any political subdivision or local authority thereof, or any agency or instrumentality of that State, subdivision or local authority. This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State.
Canada–Israel Tax Convention Act, 2016 — C-6.42 2
2 Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: (a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available and if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests); (b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; (d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
Canada–Israel Tax Convention Act, 2016 — C-6.42 (a)
(a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available and if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests);
Canada–Israel Tax Convention Act, 2016 — C-6.42 (b)
(b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (c)
(c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (d)
(d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
Canada–Israel Tax Convention Act, 2016 — C-6.42 3
3 Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, the competent authorities shall endeavour to determine by mutual agreement the Contracting State of which such person shall be considered to be a resident for the purposes of this Convention, having regard to its place of effective management, the place where it is incorporated or otherwise constituted and any other relevant factors. In the absence of mutual agreement, that person shall not be entitled to claim any relief or exemption from tax provided by this Convention.
Canada–Israel Tax Convention Act, 2016 — C-6.42 1
1 For the purposes of this Convention, the term “ permanent establishment ” means a fixed place of business through which the business of an enterprise is wholly or partly carried on.
Canada–Israel Tax Convention Act, 2016 — C-6.42 2
2 The term “ permanent establishment ” includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; and (f) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation (including extraction) of natural resources.
Canada–Israel Tax Convention Act, 2016 — C-6.42 (f)
(f) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation (including extraction) of natural resources.
Canada–Israel Tax Convention Act, 2016 — C-6.42 3
3 A building site or construction or installation project constitutes a permanent establishment only if it lasts more than twelve months.
Canada–Israel Tax Convention Act, 2016 — C-6.42 4
4 Notwithstanding the preceding provisions of this Article, the term “ permanent establishment ” shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) to e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
Canada–Israel Tax Convention Act, 2016 — C-6.42 (a)
(a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (b)
(b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (c)
(c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (d)
(d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or of collecting information, for the enterprise;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (e)
(e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (f)
(f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) to e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
Canada–Israel Tax Convention Act, 2016 — C-6.42 5
5 Notwithstanding the provisions of paragraphs 1 and 2, where a person — other than an agent of an independent status to whom paragraph 6 applies — is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts on behalf of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph.
Canada–Israel Tax Convention Act, 2016 — C-6.42 6
6 An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business.
Canada–Israel Tax Convention Act, 2016 — C-6.42 7
7 The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.
Canada–Israel Tax Convention Act, 2016 — C-6.42 1
1 Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State.
Canada–Israel Tax Convention Act, 2016 — C-6.42 2
2 For the purposes of this Convention, the term “ immovable property ” shall have the meaning which it has for the purposes of the relevant tax law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, any option or similar right to acquire immovable property, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships and aircraft shall not be regarded as immovable property.
Canada–Israel Tax Convention Act, 2016 — C-6.42 3
3 The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property and to income from the alienation of such property.
Canada–Israel Tax Convention Act, 2016 — C-6.42 4
4 The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise.
Canada–Israel Tax Convention Act, 2016 — C-6.42 1
1 Profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits that are attributable to the permanent establishment in accordance with the provisions of paragraph 2 may be taxed in that other State.
Canada–Israel Tax Convention Act, 2016 — C-6.42 2
2 For the purposes of this Article and Article 21 (Elimination of Double Taxation), the profits that are attributable in each Contracting State to the permanent establishment referred to in paragraph 1 are the profits it might be expected to make, in particular in its dealings with other parts of the enterprise, if it were a separate and independent enterprise engaged in the same or similar activities under the same or similar conditions, taking into account the functions performed, assets used and risks assumed by the enterprise through the permanent establishment and through the other parts of the enterprise.
Canada–Israel Tax Convention Act, 2016 — C-6.42 3
3 Where, in accordance with paragraph 2, a Contracting State adjusts the profits that are attributable to a permanent establishment of an enterprise of one of the Contracting States and taxes accordingly profits of the enterprise that have been charged to tax in the other State, the other State shall, to the extent necessary to eliminate double taxation on these profits, make an appropriate adjustment to the amount of the tax charged on those profits. In determining such adjustment, the competent authorities of the Contracting States shall if necessary consult each other.
Canada–Israel Tax Convention Act, 2016 — C-6.42 4
4 Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article.
Canada–Israel Tax Convention Act, 2016 — C-6.42 1
1 Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State.
Canada–Israel Tax Convention Act, 2016 — C-6.42 2
2 Notwithstanding the provisions of paragraph 1 and Article 7 (Business Profits), profits derived by an enterprise of a Contracting State from the carriage, by a ship or aircraft that it operates, of passengers or goods taken on board at one place in the other Contracting State for discharge at another place in that other Contracting State may be taxed in that other Contracting State, unless all or substantially all of these passengers or goods were taken on board at a place outside that other Contracting State.
Canada–Israel Tax Convention Act, 2016 — C-6.42 3
3 The provisions of paragraphs 1 and 2 shall also apply to profits from the participation in a pool, a joint business or an international operating agency.
Canada–Israel Tax Convention Act, 2016 — C-6.42 1
1 Where: (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State; or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State; and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
Canada–Israel Tax Convention Act, 2016 — C-6.42 (a)
(a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State; or
Canada–Israel Tax Convention Act, 2016 — C-6.42 (b)
(b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State;
Canada–Israel Tax Convention Act, 2016 — C-6.42
and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
Canada–Israel Tax Convention Act, 2016 — C-6.42 2
2 Where a Contracting State includes in the profits of an enterprise of that State — and taxes accordingly — profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the Contracting States shall if necessary consult each other.
Canada–Israel Tax Convention Act, 2016 — C-6.42 3
3 A Contracting State shall not change the profits of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its domestic laws and, in any case, after eight years from the end of the year in which the profits which would be subject to such change would have accrued to an enterprise of that State.
Canada–Israel Tax Convention Act, 2016 — C-6.42 4
4 The provisions of paragraphs 2 and 3 shall not apply in the case of fraud or wilful default.
Canada–Israel Tax Convention Act, 2016 — C-6.42 1
1 Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
Canada–Israel Tax Convention Act, 2016 — C-6.42 2
2 However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the dividends if the beneficial owner of the dividends is a company (other than a partnership) which holds directly at least 25 per cent of the capital of the company paying the dividends; (b) 15 per cent of the gross amount of the dividends in all other cases.
Canada–Israel Tax Convention Act, 2016 — C-6.42 (a)
(a) 5 per cent of the gross amount of the dividends if the beneficial owner of the dividends is a company (other than a partnership) which holds directly at least 25 per cent of the capital of the company paying the dividends;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (b)
(b) 15 per cent of the gross amount of the dividends in all other cases.
Canada–Israel Tax Convention Act, 2016 — C-6.42
This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
Canada–Israel Tax Convention Act, 2016 — C-6.42 3
3 Notwithstanding the provisions of paragraph 2, dividends paid by a company of a Contracting State to a resident of the other Contracting State that is the Government of that other State, or any political subdivision or local authority thereof, or the Central Bank of that other State, shall be taxable only in the other State if that resident: (a) is the beneficial owner of the dividends; and (b) does not hold directly or indirectly more than 25 per cent of the capital or 25 per cent of the voting power of the company paying the dividends.
Canada–Israel Tax Convention Act, 2016 — C-6.42 (a)
(a) is the beneficial owner of the dividends; and
Canada–Israel Tax Convention Act, 2016 — C-6.42 (b)
(b) does not hold directly or indirectly more than 25 per cent of the capital or 25 per cent of the voting power of the company paying the dividends.
Canada–Israel Tax Convention Act, 2016 — C-6.42 4
4 Notwithstanding the provisions of paragraph 2, dividends arising in a Contracting State and beneficially owned by an organization that was constituted and is operated in the other Contracting State exclusively to administer or provide benefits under one or more recognized pension plans shall be exempt from tax in the first-mentioned State if: (a) the organization is the beneficial owner of the shares on which the dividends are paid, holds those shares as an investment and is either generally exempt from tax in the other State or its income is not subject to tax in the other State; (b) the organization does not hold directly or indirectly more than 10 per cent of the capital or 10 per cent of the voting power of the company paying the dividends; and (c) each recognized pension plan provides benefits primarily to individuals who are residents of the other Contracting State.
Canada–Israel Tax Convention Act, 2016 — C-6.42 (a)
(a) the organization is the beneficial owner of the shares on which the dividends are paid, holds those shares as an investment and is either generally exempt from tax in the other State or its income is not subject to tax in the other State;
Canada–Israel Tax Convention Act, 2016 — C-6.42 (b)
(b) the organization does not hold directly or indirectly more than 10 per cent of the capital or 10 per cent of the voting power of the company paying the dividends; and
Canada–Israel Tax Convention Act, 2016 — C-6.42 (c)
(c) each recognized pension plan provides benefits primarily to individuals who are residents of the other Contracting State.