GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 The existing taxes to which this Convention shall apply are in particular: 1) in the case of Canada, the taxes imposed by the Government of Canada under the Income Tax Act (hereinafter referred to as Canadian tax ); 2) in the case of the Serbia: (1) corporate income tax; (2) personal income tax; (3) tax on capital (hereinafter referred to as Serbian tax ).
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) in the case of Canada, the taxes imposed by the Government of Canada under the Income Tax Act (hereinafter referred to as Canadian tax );
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) in the case of the Serbia: (1) corporate income tax; (2) personal income tax; (3) tax on capital
Canada–Serbia Tax Convention Act, 2013 — C-10.14
(hereinafter referred to as Serbian tax ).
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 This Convention shall apply also to any identical or substantially similar taxes which are imposed 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 that have been made in their taxation laws.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 For the purposes of this Convention: 1) the terms a Contracting State and the other Contracting State mean Canada or Serbia, as the context requires; 2) the term Canada , used in a geographical sense, means the territory of Canada, including its territorial sea and air space over the territory and the territorial sea, as well as the exclusive economic zone and the continental shelf beyond that zone, over which Canada exercises, in accordance with its legislation and with international law, sovereign rights or jurisdiction; 3) the term Serbia means the Republic of Serbia, and when used in a geographical sense it means the territory of the Republic of Serbia; 4) the terms national means: (1) any individual possessing the nationality of a Contracting State; and (2) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State; 5) the terms person includes an individual, a trust, a company and any other body of persons; 6) the terms company means any body corporate or any entity which is treated as a body corporate for tax purposes; 7) 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; 8) the terms 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; 9) the term competent authority means: (1) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative; (2) in the case of Serbia, the Ministry of Finance or its authorized representative.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) the terms a Contracting State and the other Contracting State mean Canada or Serbia, as the context requires;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) the term Canada , used in a geographical sense, means the territory of Canada, including its territorial sea and air space over the territory and the territorial sea, as well as the exclusive economic zone and the continental shelf beyond that zone, over which Canada exercises, in accordance with its legislation and with international law, sovereign rights or jurisdiction;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3)
3) the term Serbia means the Republic of Serbia, and when used in a geographical sense it means the territory of the Republic of Serbia;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4)
4) the terms national means: (1) any individual possessing the nationality of a Contracting State; and (2) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (1)
(1) any individual possessing the nationality of a Contracting State; and
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (2)
(2) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 5)
5) the terms person includes an individual, a trust, a company and any other body of persons;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 6)
6) the terms company means any body corporate or any entity which is treated as a body corporate for tax purposes;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 7)
7) 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–Serbia Tax Convention Act, 2013 — C-10.14 8)
8) the terms 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–Serbia Tax Convention Act, 2013 — C-10.14 9)
9) the term competent authority means: (1) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative; (2) in the case of Serbia, the Ministry of Finance or its authorized representative.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (1)
(1) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (2)
(2) in the case of Serbia, the Ministry of Finance or its authorized representative.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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 or any other criterion of a similar nature. It also includes that State, and any political subdivision or local authority thereof, or any agency or legal entity wholly-owned by that State, subdivision or authority. However, this term does not include any person who is liable to tax in that State in respect only of income from sources in that State or capital situated therein.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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: 1) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available; 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); 2) if the State in which the individual’s centre of vital interests cannot be determined, or if the individual has 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; 3) 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; and 4) 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–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available; 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–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) if the State in which the individual’s centre of vital interests cannot be determined, or if the individual has 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–Serbia Tax Convention Act, 2013 — C-10.14 3)
3) 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; and
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4)
4) 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–Serbia Tax Convention Act, 2013 — C-10.14 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 this Convention to that person, having regard to that person’s place of effective management, the place where that person is incorporated or any other relevant criteria. In the absence of mutual agreement, that person shall not be entitled to claim any relief or exemption from tax provided by this Convention, except to the extent and in such manner as may be agreed upon by the competent authorities of the Contracting States.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 2
2 The term permanent establishment includes especially: 1) a place of management; 2) a branch; 3) an office; 4) a factory; 5) a workshop; and 6) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation of natural resources.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 6)
6) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation of natural resources.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 A building site or construction or installation project constitutes a permanent establishment only if it lasts more than twelve months.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 Notwithstanding the preceding provisions of this Article, the term permanent establishment shall be deemed not to include: 1) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; 2) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; 3) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; 4) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; 5) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other ctivitiy of a preparatory or auxiliary character; 6) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs 1) to 5), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3)
3) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4)
4) 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–Serbia Tax Convention Act, 2013 — C-10.14 5)
5) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other ctivitiy of a preparatory or auxiliary character;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 6)
6) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs 1) to 5), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 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, 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–Serbia Tax Convention Act, 2013 — C-10.14 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.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 The 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 of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 In the determination of the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the permanent establishment, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 4
4 Insofar as it has been customary in a Contracting State to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 5
5 No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 6
6 For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 7
7 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–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 2
2 Notwithstanding the provisions of paragraph 1 and Article 7, profits derived by an enterprise of a Contracting State from a voyage of a ship or aircraft where the principal purpose of the voyage is to transport passengers or goods solely between places in the other Contracting State may be taxed in that other State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 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–Serbia Tax Convention Act, 2013 — C-10.14 4
4 For the purposes of this Article: 1) interest on funds directly connected with the operation of ships or aircraft in international traffic shall be regarded as profits derived from the operation of such ships or aircraft, if they are incidental to the carrying on of such business, and the provisions of Article 11 shall not apply in relation to such interest; and 2) the term operation of ships or aircraft in international traffic by an enterprise of a Contracting State, includes: (1) the charter or rental on a bare boat basis of ships or aircraft; and (2) the rental of containers (including trailers and related equipment for the transport of containers), by that enterprise if that charter or rental is incidental to the operation by that enterprise of ships or aircraft in international traffic.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) interest on funds directly connected with the operation of ships or aircraft in international traffic shall be regarded as profits derived from the operation of such ships or aircraft, if they are incidental to the carrying on of such business, and the provisions of Article 11 shall not apply in relation to such interest; and
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) the term operation of ships or aircraft in international traffic by an enterprise of a Contracting State, includes: (1) the charter or rental on a bare boat basis of ships or aircraft; and (2) the rental of containers (including trailers and related equipment for the transport of containers),
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (1)
(1) the charter or rental on a bare boat basis of ships or aircraft; and
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (2)
(2) the rental of containers (including trailers and related equipment for the transport of containers),
Canada–Serbia Tax Convention Act, 2013 — C-10.14
by that enterprise if that charter or rental is incidental to the operation by that enterprise of ships or aircraft in international traffic.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 Where 1) 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 2) 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–Serbia Tax Convention Act, 2013 — C-10.14 1)
1) 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–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) 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–Serbia Tax Convention Act, 2013 — C-10.14
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.