GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Conventions Implementation Act, 2001 — I-3.55 3
3 In the event that, pursuant to an agreement or convention concluded with a country that is a member of the Organisation for Economic Co-operation and Development after the date of signature of the Convention, Peru agrees: (a) with reference to subparagraph (a) of paragraph 2 of Article 10, to a rate of tax on dividends that is lower than 10 per cent, the greater of such new rate and a rate of 5 per cent shall automatically apply for the purposes of that subparagraph as well as for paragraph 6 of that same Article; (b) with reference to paragraph 2 of Article 11, to a rate of tax on interest that is lower than 15 per cent, the greater of such new rate and a rate of 10 per cent shall automatically apply for the purposes of that paragraph; and (c) with reference to paragraph 2 of Article 12, to a rate of tax on royalties referred to in that paragraph that is lower than 15 per cent, the following shall apply for the purposes of that paragraph: (i) to the extent that such lower rate applies to: (a) copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or other artistic work (but not including royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television), or (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), that lower rate shall automatically apply in similar circumstances, (ii) to the extent that such lower rate applies to other royalties referred to in that paragraph, the greater of such lower rate and the rate of 10 per cent shall automatically apply in similar circumstances.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) with reference to subparagraph (a) of paragraph 2 of Article 10, to a rate of tax on dividends that is lower than 10 per cent, the greater of such new rate and a rate of 5 per cent shall automatically apply for the purposes of that subparagraph as well as for paragraph 6 of that same Article;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) with reference to paragraph 2 of Article 11, to a rate of tax on interest that is lower than 15 per cent, the greater of such new rate and a rate of 10 per cent shall automatically apply for the purposes of that paragraph; and
Income Tax Conventions Implementation Act, 2001 — I-3.55 (c)
(c) with reference to paragraph 2 of Article 12, to a rate of tax on royalties referred to in that paragraph that is lower than 15 per cent, the following shall apply for the purposes of that paragraph: (i) to the extent that such lower rate applies to: (a) copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or other artistic work (but not including royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television), or (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), that lower rate shall automatically apply in similar circumstances, (ii) to the extent that such lower rate applies to other royalties referred to in that paragraph, the greater of such lower rate and the rate of 10 per cent shall automatically apply in similar circumstances.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (i)
(i) to the extent that such lower rate applies to: (a) copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or other artistic work (but not including royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television), or (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), that lower rate shall automatically apply in similar circumstances,
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or other artistic work (but not including royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television), or
Income Tax Conventions Implementation Act, 2001 — I-3.55 (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),
Income Tax Conventions Implementation Act, 2001 — I-3.55
that lower rate shall automatically apply in similar circumstances,
Income Tax Conventions Implementation Act, 2001 — I-3.55 (ii)
(ii) to the extent that such lower rate applies to other royalties referred to in that paragraph, the greater of such lower rate and the rate of 10 per cent shall automatically apply in similar circumstances.
Income Tax Conventions Implementation Act, 2001 — I-3.55 4
4 Nothing in the Convention shall preclude the application of the provisions of Peruvian Law Acts ( Decretos Legislativos ) number 662, 757 and 109 and Acts ( Leyes ) number 26221, 27342, 27343 as they are in force at the time of the signature of the Convention and as they may be amended from time to time without changing their general principle or the optional nature of entering into the tax stability contracts. A person that is a party to a contract which grants tax stability in accordance with the above-mentioned provisions shall, notwithstanding any rate of tax set out in the Convention, remain subject to the rates of tax stabilized by the contract for its duration.
Income Tax Conventions Implementation Act, 2001 — I-3.55
The Government of Canada and the Government of the Republic of Senegal, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, have agreed as follows:
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 There shall be regarded as taxes on income all taxes imposed on total income or on elements of income including taxes on gains from the alienation of movable or immovable property as well as taxes on capital appreciation.
Income Tax Conventions Implementation Act, 2001 — I-3.55 3
3 The existing taxes to which the Convention shall apply are, in particular: (a) in the case of Canada: the income taxes imposed by the Government of Canada under the Income Tax Act , (hereinafter referred to as “Canadian tax”); (b) in the case of Senegal: (i) the tax on companies, (ii) the minimum lump-sum tax on companies, (iii) the income tax on individuals, (iv) the employers’ lump-sum contribution, (v) the capital gains tax on developed and undeveloped land, (hereinafter referred to as “Senegalese tax”).
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) in the case of Canada: the income taxes imposed by the Government of Canada under the Income Tax Act , (hereinafter referred to as “Canadian tax”);
Income Tax Conventions Implementation Act, 2001 — I-3.55
the income taxes imposed by the Government of Canada under the Income Tax Act , (hereinafter referred to as “Canadian tax”);
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) in the case of Senegal: (i) the tax on companies, (ii) the minimum lump-sum tax on companies, (iii) the income tax on individuals, (iv) the employers’ lump-sum contribution, (v) the capital gains tax on developed and undeveloped land, (hereinafter referred to as “Senegalese tax”).
Income Tax Conventions Implementation Act, 2001 — I-3.55 (ii)
(ii) the minimum lump-sum tax on companies,
Income Tax Conventions Implementation Act, 2001 — I-3.55 (iv)
(iv) the employers’ lump-sum contribution,
Income Tax Conventions Implementation Act, 2001 — I-3.55 (v)
(v) the capital gains tax on developed and undeveloped land,
Income Tax Conventions Implementation Act, 2001 — I-3.55
(hereinafter referred to as “Senegalese tax”).
Income Tax Conventions Implementation Act, 2001 — I-3.55 4
4 The Convention shall apply also to any identical or substantially similar taxes which enter into force after the date of signature of this Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes which have been made in their respective taxation laws.
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 In this Convention, unless the context otherwise requires: (a) the term Canada , used in a geographical sense, means the territory of Canada, including (i) any area beyond the territorial sea of Canada which, in accordance with international law and the laws of Canada, is an area in respect of which Canada may exercise rights with respect to the seabed and subsoil and their natural resources; and (ii) the sea and airspace above every area referred to in clause (i) in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein; (b) the term Senegal means the Republic of Senegal; when used in a geographical sense, it means the national territory, the territorial waters as well as the maritime areas over which, in accordance with international law, Senegal exercises sovereign rights or jurisdiction; (c) the terms a Contracting State and the other Contracting State mean, as the context requires, Canada or Senegal; (d) the term person includes an individual, a company and any other body of persons; in the case of Canada, it also includes a trust; (e) the term company means any body corporate or any entity which is treated as a body corporate for tax purposes; (f) 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; (g) the term competent authority means: (i) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative, (ii) in the case of Senegal, the Minister responsible for Finance or the Minister’s authorized representative; (h) the term national means: (i) any individual possessing the nationality of a Contracting State; (ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State; (i) 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.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) the term Canada , used in a geographical sense, means the territory of Canada, including (i) any area beyond the territorial sea of Canada which, in accordance with international law and the laws of Canada, is an area in respect of which Canada may exercise rights with respect to the seabed and subsoil and their natural resources; and (ii) the sea and airspace above every area referred to in clause (i) in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (i)
(i) any area beyond the territorial sea of Canada which, in accordance with international law and the laws of Canada, is an area in respect of which Canada may exercise rights with respect to the seabed and subsoil and their natural resources; and
Income Tax Conventions Implementation Act, 2001 — I-3.55 (ii)
(ii) the sea and airspace above every area referred to in clause (i) in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) the term Senegal means the Republic of Senegal; when used in a geographical sense, it means the national territory, the territorial waters as well as the maritime areas over which, in accordance with international law, Senegal exercises sovereign rights or jurisdiction;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (c)
(c) the terms a Contracting State and the other Contracting State mean, as the context requires, Canada or Senegal;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (d)
(d) the term person includes an individual, a company and any other body of persons; in the case of Canada, it also includes a trust;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (g)
(g) the term competent authority means: (i) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative, (ii) in the case of Senegal, the Minister responsible for Finance or the Minister’s authorized representative;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (ii)
(ii) in the case of Senegal, the Minister responsible for Finance or the Minister’s authorized representative;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (h)
(h) the term national means: (i) any individual possessing the nationality of a Contracting State; (ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 As regards the application of the Convention by a Contracting State any term not defined therein shall, unless the context otherwise requires, have the meaning that it has under the law of that State for the purposes of the taxes to which the 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.
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 For the purposes of this Convention, the term resident of a Contracting State means: (a) any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, place of incorporation, residence, place of management or any other criterion of a similar nature; (b) the Government of that Contracting State or a political subdivision or local authority thereof or, in the case of Canada, any agency or instrumentality of any such government, subdivision or authority.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, place of incorporation, residence, place of management or any other criterion of a similar nature;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) the Government of that Contracting State or a political subdivision or local authority thereof or, in the case of Canada, any agency or instrumentality of any such government, subdivision or authority.
Income Tax Conventions Implementation Act, 2001 — I-3.55 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 Contracting State in which the individual has a permanent home available; if the individual has a permanent home available in both Contracting States, the individual shall be deemed to be a resident only of the Contracting State with which the individual’s personal and economic relations are closer (centre of vital interests); (b) if the Contracting 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 Contracting State, the individual shall be deemed to be a resident only of the Contracting State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both Contracting States or in neither of them, the individual shall be deemed to be a resident only of the Contracting State of which the individual is a national; (d) if the individual is a national of both Contracting States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) the individual shall be deemed to be a resident only of the Contracting State in which the individual has a permanent home available; if the individual has a permanent home available in both Contracting States, the individual shall be deemed to be a resident only of the Contracting State with which the individual’s personal and economic relations are closer (centre of vital interests);
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) if the Contracting 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 Contracting State, the individual shall be deemed to be a resident only of the Contracting State in which the individual has an habitual abode;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (c)
(c) if the individual has an habitual abode in both Contracting States or in neither of them, the individual shall be deemed to be a resident only of the Contracting State of which the individual is a national;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (d)
(d) if the individual is a national of both Contracting States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
Income Tax Conventions Implementation Act, 2001 — I-3.55 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 of the Contracting States shall by mutual agreement endeavour to settle the question and to determine the mode of application of the Convention to such person.
Income Tax Conventions Implementation Act, 2001 — I-3.55 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; (f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources, including that relating to the exploration for or the exploitation of natural resources; (g) a building site or construction project; (h) an assembly project which exists for more than three months.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (f)
(f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources, including that relating to the exploration for or the exploitation of natural resources;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (g)
(g) a building site or construction project;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (h)
(h) an assembly project which exists for more than three months.
Income Tax Conventions Implementation Act, 2001 — I-3.55 3
3 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 or display 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 or display; (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 its advertising, for the supply of information, for scientific research or for similar activities which have a preparatory or auxiliary character, for the enterprise.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) the use of facilities solely for the purpose of storage or display of goods or merchandise belonging to the enterprise;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage or display;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (e)
(e) the maintenance of a fixed place of business solely for the purpose of its advertising, for the supply of information, for scientific research or for similar activities which have a preparatory or auxiliary character, for the enterprise.
Income Tax Conventions Implementation Act, 2001 — I-3.55 4
4 A person — other than an agent of an independent status to whom paragraph 5 applies — acting in a Contracting State on behalf of an enterprise of the other Contracting State shall be deemed to be a permanent establishment in the first-mentioned State: (a) if the person has, and habitually exercises in the first-mentioned State an authority to conclude contracts in the name of the enterprise, unless the activities of such person are limited to the purchase of goods or merchandise for the enterprise; or (b) if the person maintains in the first-mentioned State a stock of goods or merchandise belonging to the enterprise from which the person habitually fills orders on behalf of the enterprise.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) if the person has, and habitually exercises in the first-mentioned State an authority to conclude contracts in the name of the enterprise, unless the activities of such person are limited to the purchase of goods or merchandise for the enterprise; or
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) if the person maintains in the first-mentioned State a stock of goods or merchandise belonging to the enterprise from which the person habitually fills orders on behalf of the enterprise.
Income Tax Conventions Implementation Act, 2001 — I-3.55 5
5 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.
Income Tax Conventions Implementation Act, 2001 — I-3.55 6
6 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.
Income Tax Conventions Implementation Act, 2001 — I-3.55 7
7 An insurance enterprise shall, except with regard to re-insurance, be deemed to have a permanent establishment in a Contracting State from the time it collects premiums in the territory of that State or insures risks situated therein through a representative who does not fall within the type of persons referred to in paragraph 5 above.
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 Income from immovable property, including income from agriculture or forestry, situated in the other Contracting State may be taxed in the Contracting State in which such property is situated.