GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Finland Tax Convention Act, 2006 — C-5.2 4
4 The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.
Canada–Finland Tax Convention Act, 2006 — C-5.2 5
5 Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 6
6 Notwithstanding any provision in this Convention, Canada may impose on the earnings of a company attributable to permanent establishments in Canada, or on the earnings attributable to the alienation of immovable property situated in Canada by a company carrying on a trade in immovable property, a tax in addition to the tax which would be chargeable on the earnings of a company incorporated in Canada, provided that the rate of such additional tax so imposed shall not exceed 5 per cent of the amount of such earnings which have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term earnings means the earnings attributable to the alienation of such immovable property situated in Canada as may be taxed by Canada under the provisions of Article 6 or of paragraph 1 of Article 13 as well as the profits attributable to a permanent establishment situated in Canada (including gains from the alienation of property forming part of the business property, referred to in paragraph 2 of Article 13, of such permanent establishments) in accordance with Article 7 in a year and previous years after deducting therefrom: a) business losses attributable to such permanent establishments (including losses from the alienation of property forming part of the business property of such permanent establishments) in such year and previous years; b) all taxes chargeable in Canada on such profits, other than the additional tax referred to herein; c) the profits reinvested in Canada, provided that the amount of such deduction shall be determined in accordance with the existing provisions of the law of Canada regarding the computation of the allowance in respect of investment in property in Canada, and any subsequent modification of those provisions which shall not affect the general principle hereof; and d) five hundred thousand Canadian dollars ($500,000) less any amount deducted under this subparagraph (i) by the company; or (ii) by a person related thereto from the same or a similar business as that carried on by the company.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) business losses attributable to such permanent establishments (including losses from the alienation of property forming part of the business property of such permanent establishments) in such year and previous years;
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) all taxes chargeable in Canada on such profits, other than the additional tax referred to herein;
Canada–Finland Tax Convention Act, 2006 — C-5.2 c)
c) the profits reinvested in Canada, provided that the amount of such deduction shall be determined in accordance with the existing provisions of the law of Canada regarding the computation of the allowance in respect of investment in property in Canada, and any subsequent modification of those provisions which shall not affect the general principle hereof; and
Canada–Finland Tax Convention Act, 2006 — C-5.2 d)
d) five hundred thousand Canadian dollars ($500,000) less any amount deducted under this subparagraph (i) by the company; or (ii) by a person related thereto from the same or a similar business as that carried on by the company.
Canada–Finland Tax Convention Act, 2006 — C-5.2 (ii)
(ii) by a person related thereto from the same or a similar business as that carried on by the company.
Canada–Finland Tax Convention Act, 2006 — C-5.2 1
1 Interest 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 However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest.
Canada–Finland Tax Convention Act, 2006 — C-5.2 3
3 Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner thereof shall be taxable only in that other State to the extent that such interest: a) is a penalty charge for late payment; b) is paid by the central bank of a Contracting State to the central bank of the other Contracting State; or c) is paid by a purchasing enterprise to a selling enterprise in connection with the sale on credit of any equipment or merchandise, except where the sale is made between associated enterprises within the meaning of Article 9, subparagraph 1a) or b).
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) is a penalty charge for late payment;
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) is paid by the central bank of a Contracting State to the central bank of the other Contracting State; or
Canada–Finland Tax Convention Act, 2006 — C-5.2 c)
c) is paid by a purchasing enterprise to a selling enterprise in connection with the sale on credit of any equipment or merchandise, except where the sale is made between associated enterprises within the meaning of Article 9, subparagraph 1a) or b).
Canada–Finland Tax Convention Act, 2006 — C-5.2 4
4 Notwithstanding the provisions of paragraph 2: a) interest arising in a Contracting State and paid in respect of indebtedness of the government of that State or of a political subdivision or a local authority thereof shall, provided that the interest is beneficially owned by a resident of the other Contracting State, be taxable only in that other State; b) interest arising in Finland and paid to a resident of Canada shall be taxable only in Canada if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by Export Development Canada; and c) interest arising in Canada and paid to a resident of Finland shall be taxable only in Finland if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by Finnvera or the Finnish Export Credit PLC.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) interest arising in a Contracting State and paid in respect of indebtedness of the government of that State or of a political subdivision or a local authority thereof shall, provided that the interest is beneficially owned by a resident of the other Contracting State, be taxable only in that other State;
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) interest arising in Finland and paid to a resident of Canada shall be taxable only in Canada if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by Export Development Canada; and
Canada–Finland Tax Convention Act, 2006 — C-5.2 c)
c) interest arising in Canada and paid to a resident of Finland shall be taxable only in Finland if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by Finnvera or the Finnish Export Credit PLC.
Canada–Finland Tax Convention Act, 2006 — C-5.2 5
5 The term interest as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage, and whether or not carrying a right to participate in the debtor’s profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as income assimilated to income from money lent by the taxation law of the State in which the income arises. However, the term interest does not include income dealt with in Article 8 or Article 10.
Canada–Finland Tax Convention Act, 2006 — C-5.2 6
6 The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.
Canada–Finland Tax Convention Act, 2006 — C-5.2 7
7 Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment, then such interest shall be deemed to arise in the State in which the permanent establishment is situated.
Canada–Finland Tax Convention Act, 2006 — C-5.2 8
8 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 interest, having regard to the debt-claim for which it is 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.
Canada–Finland Tax Convention Act, 2006 — C-5.2 1
1 Royalties 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 However, such royalties may also be taxed in the Contracting State in which they arise, and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties.
Canada–Finland Tax Convention Act, 2006 — C-5.2 3
3 Notwithstanding the provisions of paragraph 2: a) copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or artistic work (but not including royalties in respect of motion picture films and works on film, videotape, or any other means of reproduction for use in connection with television) arising in a Contracting State and beneficially owned by a resident of the other Contracting State shall be taxable only in that other State; b) royalties for the use of, or the right to use, computer software or any patent or for information concerning industrial, commercial or scientific experience (but not including any such royalty provided in connection with a rental or franchise agreement) arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner of the royalties shall be taxable only in that other State; and c) royalties arising in a Contracting State and paid to the government of the other Contracting State shall be taxable only in that other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or artistic work (but not including royalties in respect of motion picture films and works on film, videotape, or any other means of reproduction for use in connection with television) arising in a Contracting State and beneficially owned by a resident of the other Contracting State shall be taxable only in that other State;
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) royalties for the use of, or the right to use, computer software or any patent or for information concerning industrial, commercial or scientific experience (but not including any such royalty provided in connection with a rental or franchise agreement) arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner of the royalties shall be taxable only in that other State; and
Canada–Finland Tax Convention Act, 2006 — C-5.2 c)
c) royalties arising in a Contracting State and paid to the government of the other Contracting State shall be taxable only in that other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 4
4 The term royalties as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright, patent, trade mark, design or model, plan, secret formula or process or other intangible property, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience, and includes payments of any kind in respect of motion-picture films and works on film, videotape, or any other means of reproduction for use in connection with television.
Canada–Finland Tax Convention Act, 2006 — C-5.2 5
5 The provisions of paragraphs 1, 2 and 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.
Canada–Finland Tax Convention Act, 2006 — C-5.2 6
6 Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, whether the payer 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 royalties was incurred, and such royalties are borne by such permanent establishment, then such royalties shall be deemed to arise in the State in which the permanent establishment is situated.
Canada–Finland Tax Convention Act, 2006 — C-5.2 7
7 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 royalties, having regard to the use, right or information 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.
Canada–Finland Tax Convention Act, 2006 — C-5.2 1
1 Gains derived by a resident of a Contracting State from the alienation of immovable property situated in the other Contracting State may be taxed in that other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 2
2 Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) may be taxed in that other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 3
3 Gains derived by a resident of a Contracting State from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 4
4 Gains derived by a resident of a Contracting State from the alienation of: a) shares or other corporate rights in a company, the property of which consists principally of immovable property situated in a Contracting State; or b) an interest in a partnership or a trust, the property of which consists principally from immovable property situated in a Contracting State, may be taxed in that State. For the purposes of this paragraph the term immovable property shall not include property, other than rental property, in which the business of the company, partnership or trust is carried on; however, this term shall include shares or other corporate rights in a company described in subparagraph a) above and an interest in a partnership or a trust described in subparagraph b) above.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) shares or other corporate rights in a company, the property of which consists principally of immovable property situated in a Contracting State; or
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) an interest in a partnership or a trust, the property of which consists principally from immovable property situated in a Contracting State,
Canada–Finland Tax Convention Act, 2006 — C-5.2
For the purposes of this paragraph the term immovable property shall not include property, other than rental property, in which the business of the company, partnership or trust is carried on; however, this term shall include shares or other corporate rights in a company described in subparagraph a) above and an interest in a partnership or a trust described in subparagraph b) above.
Canada–Finland Tax Convention Act, 2006 — C-5.2 5
5 Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident.
Canada–Finland Tax Convention Act, 2006 — C-5.2 6
6 Where a resident of a Contracting State alienates property in the course of a corporate or other organization, reorganization, amalgamation, division or similar transaction and profit, gain or income with respect to such alienation is not recognized for the purpose of taxation in that State, if requested to do so by the person who acquires the property, the competent authority of the other Contracting State may agree, in order to avoid double taxation and subject to terms and conditions satisfactory to such competent authority, to defer the recognition of the profit, gain or income with respect to such property for the purpose of taxation in that other State until such time and in such manner as may be stipulated in the agreement.
Canada–Finland Tax Convention Act, 2006 — C-5.2 7
7 The provisions of paragraph 5 shall not affect the right of either of the Contracting States to levy, according to its law, a tax on gains derived by an individual who is a resident of the other Contracting State, from the alienation of any property (other than property to which paragraph 8 applies) if the alienator: a) is a national of the first-mentioned State or was a resident of that State for ten years or more prior to the alienation of the property; and b) was a resident of that first-mentioned State at any time during the five years immediately preceding such alienation.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) is a national of the first-mentioned State or was a resident of that State for ten years or more prior to the alienation of the property; and
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) was a resident of that first-mentioned State at any time during the five years immediately preceding such alienation.
Canada–Finland Tax Convention Act, 2006 — C-5.2 8
8 Where an individual ceases to be a resident of a Contracting State and by reason thereof is treated for the purposes of taxation by that State as having alienated property and is taxed in that State and immediately thereafter becomes a resident of the other Contracting State, the other Contracting State may tax gains in respect of the property only to the extent that such gains had not accrued before the individual ceased to be a resident of the first-mentioned State. However, this provision shall not apply to property, any gain from which that other State could have taxed in accordance with the provisions of this Article, other than this paragraph, if the individual had realized the gain before becoming a resident of that other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 1
1 Subject to the provisions of Articles 15, 17 and 18, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 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: a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days within any twelve-month period commencing or ending in the calendar year concerned; and b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and c) the remuneration is not borne by a permanent establishment which the employer has in the other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 a)
a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days within any twelve-month period commencing or ending in the calendar year concerned; and
Canada–Finland Tax Convention Act, 2006 — C-5.2 b)
b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and
Canada–Finland Tax Convention Act, 2006 — C-5.2 c)
c) the remuneration is not borne by a permanent establishment which the employer has in the other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 3
3 Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State shall be taxable only in that State. However, if the remuneration is derived by a resident of the other Contracting State, it may also be taxed in that other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2
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 or a similar organ of a company which is a resident of the other Contracting State may be taxed in that other State.
Canada–Finland Tax Convention Act, 2006 — C-5.2 1
1 Notwithstanding the provisions of Articles 7 and 14, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that individual’s personal activities as such exercised in the other Contracting State, may be taxed in that other State.