GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 b)
b) The competent authority of each Contracting Jurisdiction may also submit a supporting position paper for consideration by the arbitration panel. Each competent authority that submits a proposed resolution or supporting position paper shall provide a copy to the other competent authority by the date on which the proposed resolution and supporting position paper were due. Each competent authority may also submit to the arbitration panel, by a date set by agreement, a reply submission with respect to the proposed resolution and supporting position paper submitted by the other competent authority. A copy of any reply submission shall be provided to the other competent authority by the date on which the reply submission was due.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 c)
c) The arbitration panel shall select as its decision one of the proposed resolutions for the case submitted by the competent authorities with respect to each issue and any threshold questions, and shall not include a rationale or any other explanation of the decision. The arbitration decision will be adopted by a simple majority of the panel members. The arbitration panel shall deliver its decision in writing to the competent authorities of the Contracting Jurisdictions. The arbitration decision shall have no precedential value.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 2
2 For the purpose of applying this Article with respect to its Covered Tax Agreements, a Party may reserve the right for paragraph 1 not to apply to its Covered Tax Agreements. In such a case, except to the extent that the competent authorities of the Contracting Jurisdictions mutually agree on different rules, the following rules shall apply with respect to an arbitration proceeding: a) After a case is submitted to arbitration, the competent authority of each Contracting Jurisdiction shall provide any information that may be necessary for the arbitration decision to all panel members without undue delay. Unless the competent authorities of the Contracting Jurisdictions agree otherwise, any information that was not available to both competent authorities before the request for arbitration was received by both of them shall not be taken into account for purposes of the decision. b) The arbitration panel shall decide the issues submitted to arbitration in accordance with the applicable provisions of the Covered Tax Agreement and, subject to these provisions, of those of the domestic laws of the Contracting Jurisdictions. The panel members shall also consider any other sources which the competent authorities of the Contracting Jurisdictions may by mutual agreement expressly identify. c) The arbitration decision shall be delivered to the competent authorities of the Contracting Jurisdictions in writing and shall indicate the sources of law relied upon and the reasoning which led to its result. The arbitration decision shall be adopted by a simple majority of the panel members. The arbitration decision shall have no precedential value.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 a)
a) After a case is submitted to arbitration, the competent authority of each Contracting Jurisdiction shall provide any information that may be necessary for the arbitration decision to all panel members without undue delay. Unless the competent authorities of the Contracting Jurisdictions agree otherwise, any information that was not available to both competent authorities before the request for arbitration was received by both of them shall not be taken into account for purposes of the decision.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 b)
b) The arbitration panel shall decide the issues submitted to arbitration in accordance with the applicable provisions of the Covered Tax Agreement and, subject to these provisions, of those of the domestic laws of the Contracting Jurisdictions. The panel members shall also consider any other sources which the competent authorities of the Contracting Jurisdictions may by mutual agreement expressly identify.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 c)
c) The arbitration decision shall be delivered to the competent authorities of the Contracting Jurisdictions in writing and shall indicate the sources of law relied upon and the reasoning which led to its result. The arbitration decision shall be adopted by a simple majority of the panel members. The arbitration decision shall have no precedential value.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 3
3 A Party that has not made the reservation described in paragraph 2 may reserve the right for the preceding paragraphs of this Article not to apply with respect to its Covered Tax Agreements with Parties that have made such a reservation. In such a case, the competent authorities of the Contracting Jurisdictions of each such Covered Tax Agreement shall endeavour to reach agreement on the type of arbitration process that shall apply with respect to that Covered Tax Agreement. Until such an agreement is reached, Article 19 (Mandatory Binding Arbitration) shall not apply with respect to such a Covered Tax Agreement.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 4
4 A Party may also choose to apply paragraph 5 with respect to its Covered Tax Agreements and shall notify the Depositary accordingly. Paragraph 5 shall apply in relation to two Contracting Jurisdictions with respect to a Covered Tax Agreement where either of the Contracting Jurisdictions has made such a notification.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 5
5 Prior to the beginning of arbitration proceedings, the competent authorities of the Contracting Jurisdictions to a Covered Tax Agreement shall ensure that each person that presented the case and their advisors agree in writing not to disclose to any other person any information received during the course of the arbitration proceedings from either competent authority or the arbitration panel. The mutual agreement procedure under the Covered Tax Agreement, as well as the arbitration proceeding under this Part, with respect to the case shall terminate if, at any time after a request for arbitration has been made and before the arbitration panel has delivered its decision to the competent authorities of the Contracting Jurisdictions, a person that presented the case or one of that person’s advisors materially breaches that agreement.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 6
6 Notwithstanding paragraph 4, a Party that does not choose to apply paragraph 5 may reserve the right for paragraph 5 not to apply with respect to one or more identified Covered Tax Agreements or with respect to all of its Covered Tax Agreements.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 7
7 A Party that chooses to apply paragraph 5 may reserve the right for this Part not to apply with respect to all Covered Tax Agreements for which the other Contracting Jurisdiction makes a reservation pursuant to paragraph 6.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 1
1 For purposes of applying this Part with respect to its Covered Tax Agreements, a Party may choose to apply paragraph 2 and shall notify the Depositary accordingly. Paragraph 2 shall apply in relation to two Contracting Jurisdictions with respect to a Covered Tax Agreement only where both Contracting Jurisdictions have made such a notification.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 2
2 Notwithstanding paragraph 4 of Article 19 (Mandatory Binding Arbitration), an arbitration decision pursuant to this Part shall not be binding on the Contracting Jurisdictions to a Covered Tax Agreement and shall not be implemented if the competent authorities of the Contracting Jurisdictions agree on a different resolution of all unresolved issues within three calendar months after the arbitration decision has been delivered to them.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 3
3 A Party that chooses to apply paragraph 2 may reserve the right for paragraph 2 to apply only with respect to its Covered Tax Agreements for which paragraph 2 of Article 23 (Type of Arbitration Process) applies.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8
In an arbitration proceeding under this Part, the fees and expenses of the members of the arbitration panel, as well as any costs incurred in connection with the arbitration proceedings by the Contracting Jurisdictions, shall be borne by the Contracting Jurisdictions in a manner to be settled by mutual agreement between the competent authorities of the Contracting Jurisdictions. In the absence of such agreement, each Contracting Jurisdiction shall bear its own expenses and those of its appointed panel member. The cost of the chair of the arbitration panel and other expenses associated with the conduct of the arbitration proceedings shall be borne by the Contracting Jurisdictions in equal shares.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 1
1 Subject to Article 18 (Choice to Apply Part VI), the provisions of this Part shall apply in place of or in the absence of provisions of a Covered Tax Agreement that provide for arbitration of unresolved issues arising from a mutual agreement procedure case. Each Party that chooses to apply this Part shall notify the Depositary of whether each of its Covered Tax Agreements, other than those that are within the scope of a reservation under paragraph 4, contains such a provision, and if so, the article and paragraph number of each such provision. Where two Contracting Jurisdictions have made a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of this Part as between those Contracting Jurisdictions.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 2
2 Any unresolved issue arising from a mutual agreement procedure case otherwise within the scope of the arbitration process provided for in this Part shall not be submitted to arbitration if the issue falls within the scope of a case with respect to which an arbitration panel or similar body has previously been set up in accordance with a bilateral or multilateral convention that provides for mandatory binding arbitration of unresolved issues arising from a mutual agreement procedure case.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 3
3 Subject to paragraph 1, nothing in this Part shall affect the fulfilment of wider obligations with respect to the arbitration of unresolved issues arising in the context of a mutual agreement procedure resulting from other conventions to which the Contracting Jurisdictions are or will become parties.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 4
4 A Party may reserve the right for this Part not to apply with respect to one or more identified Covered Tax Agreements (or to all of its Covered Tax Agreements) that already provide for mandatory binding arbitration of unresolved issues arising from a mutual agreement procedure case.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 1
1 As of 31 December 2016, this Convention shall be open for signature by: a) all States; b) Guernsey (the United Kingdom of Great Britain and Northern Ireland); Isle of Man (the United Kingdom of Great Britain and Northern Ireland); Jersey (the United Kingdom of Great Britain and Northern Ireland); and c) any other jurisdiction authorised to become a Party by means of a decision by consensus of the Parties and Signatories.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 b)
b) Guernsey (the United Kingdom of Great Britain and Northern Ireland); Isle of Man (the United Kingdom of Great Britain and Northern Ireland); Jersey (the United Kingdom of Great Britain and Northern Ireland); and
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 c)
c) any other jurisdiction authorised to become a Party by means of a decision by consensus of the Parties and Signatories.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 2
2 This Convention is subject to ratification, acceptance or approval.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 1
1 Subject to paragraph 2, no reservations may be made to this Convention except those expressly permitted by: a) Paragraph 5 of Article 3 (Transparent Entities); b) Paragraph 3 of Article 4 (Dual Resident Entities); c) Paragraphs 8 and 9 of Article 5 (Application of Methods for Elimination of Double Taxation); d) Paragraph 4 of Article 6 (Purpose of a Covered Tax Agreement); e) Paragraphs 15 and 16 of Article 7 (Prevention of Treaty Abuse); f) Paragraph 3 of Article 8 (Dividend Transfer Transactions); g) Paragraph 6 of Article 9 (Capital Gains from Alienation of Shares or Interests of Entities Deriving their Value Principally from Immovable Property); h) Paragraph 5 of Article 10 (Anti-abuse Rule for Permanent Establishments Situated in Third Jurisdictions); i) Paragraph 3 of Article 11 (Application of Tax Agreements to Restrict a Party’s Right to Tax its Own Residents); j) Paragraph 4 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies); k) Paragraph 6 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions); l) Paragraph 3 of Article 14 (Splitting-up of Contracts); m) Paragraph 2 of Article 15 (Definition of a Person Closely Related to an Enterprise); n) Paragraph 5 of Article 16 (Mutual Agreement Procedure); o) Paragraph 3 of Article 17 (Corresponding Adjustments); p) Paragraphs 11 and 12 of Article 19 (Mandatory Binding Arbitration); q) Paragraphs 2, 3, 6, and 7 of Article 23 (Type of Arbitration Process); r) Paragraph 3 of Article 24 (Agreement on a Different Resolution); s) Paragraph 4 of Article 26 (Compatibility); t) Paragraphs 6 and 7 of Article 35 (Entry into Effect); and u) Paragraph 2 of Article 36 (Entry into Effect of Part VI).
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 a)
a) Paragraph 5 of Article 3 (Transparent Entities);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 b)
b) Paragraph 3 of Article 4 (Dual Resident Entities);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 c)
c) Paragraphs 8 and 9 of Article 5 (Application of Methods for Elimination of Double Taxation);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 d)
d) Paragraph 4 of Article 6 (Purpose of a Covered Tax Agreement);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 e)
e) Paragraphs 15 and 16 of Article 7 (Prevention of Treaty Abuse);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 f)
f) Paragraph 3 of Article 8 (Dividend Transfer Transactions);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 g)
g) Paragraph 6 of Article 9 (Capital Gains from Alienation of Shares or Interests of Entities Deriving their Value Principally from Immovable Property);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 h)
h) Paragraph 5 of Article 10 (Anti-abuse Rule for Permanent Establishments Situated in Third Jurisdictions);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 i)
i) Paragraph 3 of Article 11 (Application of Tax Agreements to Restrict a Party’s Right to Tax its Own Residents);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 j)
j) Paragraph 4 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 k)
k) Paragraph 6 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 l)
l) Paragraph 3 of Article 14 (Splitting-up of Contracts);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 m)
m) Paragraph 2 of Article 15 (Definition of a Person Closely Related to an Enterprise);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 n)
n) Paragraph 5 of Article 16 (Mutual Agreement Procedure);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 o)
o) Paragraph 3 of Article 17 (Corresponding Adjustments);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 p)
p) Paragraphs 11 and 12 of Article 19 (Mandatory Binding Arbitration);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 q)
q) Paragraphs 2, 3, 6, and 7 of Article 23 (Type of Arbitration Process);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 r)
r) Paragraph 3 of Article 24 (Agreement on a Different Resolution);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 s)
s) Paragraph 4 of Article 26 (Compatibility);
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 t)
t) Paragraphs 6 and 7 of Article 35 (Entry into Effect); and
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 u)
u) Paragraph 2 of Article 36 (Entry into Effect of Part VI).
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 2 a)
2 a) Notwithstanding paragraph 1, a Party that chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) may formulate one or more reservations with respect to the scope of cases that shall be eligible for arbitration under the provisions of Part VI (Arbitration). For a Party which chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) after it has become a Party to this Convention, reservations pursuant to this subparagraph shall be made at the same time as that Party’s notification to the Depositary pursuant to Article 18 (Choice to Apply Part VI). b) Reservations made under subparagraph a) are subject to acceptance. A reservation made under subparagraph a) shall be considered to have been accepted by a Party if it has not notified the Depositary that it objects to the reservation by the end of a period of twelve calendar months beginning on the date of notification of the reservation by the Depositary or by the date on which it deposits its instrument of ratification, acceptance, or approval, whichever is later. For a Party which chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) after it has become a Party to this Convention, objections to prior reservations made by other Parties pursuant to subparagraph a) can be made at the time of the first-mentioned Party’s notification to the Depositary pursuant to Article 18 (Choice to Apply Part VI). Where a Party raises an objection to a reservation made under subparagraph a), the entirety of Part VI (Arbitration) shall not apply as between the objecting Party and the reserving Party.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 b)
b) Reservations made under subparagraph a) are subject to acceptance. A reservation made under subparagraph a) shall be considered to have been accepted by a Party if it has not notified the Depositary that it objects to the reservation by the end of a period of twelve calendar months beginning on the date of notification of the reservation by the Depositary or by the date on which it deposits its instrument of ratification, acceptance, or approval, whichever is later. For a Party which chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) after it has become a Party to this Convention, objections to prior reservations made by other Parties pursuant to subparagraph a) can be made at the time of the first-mentioned Party’s notification to the Depositary pursuant to Article 18 (Choice to Apply Part VI). Where a Party raises an objection to a reservation made under subparagraph a), the entirety of Part VI (Arbitration) shall not apply as between the objecting Party and the reserving Party.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 3
3 Unless explicitly provided otherwise in the relevant provisions of this Convention, a reservation made in accordance with paragraph 1 or 2 shall: a) modify for the reserving Party in its relations with another Party the provisions of this Convention to which the reservation relates to the extent of the reservation; and b) modify those provisions to the same extent for the other Party in its relations with the reserving Party.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 a)
a) modify for the reserving Party in its relations with another Party the provisions of this Convention to which the reservation relates to the extent of the reservation; and
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 b)
b) modify those provisions to the same extent for the other Party in its relations with the reserving Party.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 4
4 Reservations applicable to Covered Tax Agreements entered into by or on behalf of a jurisdiction or territory for whose international relations a Party is responsible, where that jurisdiction or territory is not a Party to the Convention pursuant to subparagraph b) or c) of paragraph 1 of Article 27 (Signature and Ratification, Acceptance or Approval), shall be made by the responsible Party and can be different from the reservations made by that Party for its own Covered Tax Agreements.
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 5
5 Reservations shall be made at the time of signature or when depositing the instrument of ratification, acceptance or approval, subject to the provisions of paragraphs 2, 6 and 9 of this Article, and paragraph 5 of Article 29 (Notifications). However, for a Party which chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) after it has become a Party to this Convention, reservations described in subparagraphs p), q), r) and s) of paragraph 1 of this Article shall be made at the same time as that Party’s notification to the Depositary pursuant to Article 18 (Choice to Apply Part VI).
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 6
6 If reservations are made at the time of signature, they shall be confirmed upon deposit of the instrument of ratification, acceptance or approval, unless the document containing the reservations explicitly specifies that it is to be considered definitive, subject to the provisions of paragraphs 2, 5 and 9 of this Article, and paragraph 5 of Article 29 (Notifications).
Multilateral Instrument in Respect of Tax Conventions Act — M-12.8 7
7 If reservations are not made at the time of signature, a provisional list of expected reservations shall be provided to the Depositary at that time.