GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Conventions Implementation Act, 2001 — I-3.55 (c)
(c) where, in accordance with any provision of the Convention, income derived by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income, take into account the exempted income.
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 In the case of Ecuador, double taxation shall be avoided as follows: (a) residents of Ecuador may credit against the Ecuadorian tax on income arising in Canada the income tax paid in Canada in an amount not exceeding the tax payable in Ecuador on such income; and (b) subject to the provisions of Ecuadorian law, companies which are residents of Ecuador may also credit against the Ecuadorian tax the income tax paid in Canada on the profits out of which the dividends are paid.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) residents of Ecuador may credit against the Ecuadorian tax on income arising in Canada the income tax paid in Canada in an amount not exceeding the tax payable in Ecuador on such income; and
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) subject to the provisions of Ecuadorian law, companies which are residents of Ecuador may also credit against the Ecuadorian tax the income tax paid in Canada on the profits out of which the dividends are paid.
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith which is more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected.
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 The taxation on a permanent establishment which a resident of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on residents of that other State carrying on the same activities.
Income Tax Conventions Implementation Act, 2001 — I-3.55 4
4 Companies which are residents of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is more burdensome than the taxation and connected requirements to which other similar companies which are residents of the first-mentioned State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of a third State, are or may be subjected.
Income Tax Conventions Implementation Act, 2001 — I-3.55 5
5 In this Article, the term taxation means taxes which are the subject of this Convention.
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic law of those States, address to the competent authority of the Contracting State of which that person is a resident an application in writing stating the grounds for claiming the revision of such taxation. To be admissible, the said application must be submitted within two years from the first notification of the action which gives rise to taxation not in accordance with the Convention.
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 The competent authority referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention.
Income Tax Conventions Implementation Act, 2001 — I-3.55 3
3 A Contracting State shall not, after the expiry of the time limits provided in its domestic laws and, in any case, after five years from the end of the taxable period in which the income concerned has accrued, increase the tax base of a resident of either of the Contracting States by including therein items of income which have also been charged to tax in the other Contracting State. This paragraph shall not apply in the case of fraud, wilful default or neglect.
Income Tax Conventions Implementation Act, 2001 — I-3.55 4
4 The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. For this purpose, they may communicate with each other directly for the purpose of applying the Convention.
Income Tax Conventions Implementation Act, 2001 — I-3.55 5
5 If any difficulty or doubt arising as to the interpretation or application of the Convention cannot be resolved by the competent authorities pursuant to the preceding paragraphs of this Article, and the difficulty or doubt is the result of an assessment by one or both Contracting States, the case may, if both competent authorities and the taxpayer agree be submitted for arbitration provided that the taxpayer agrees in writing to be bound by the decision of the arbitration board. The decision of the arbitration board in a particular case shall be binding on both States with respect to that case. The procedure shall be established in an exchange of notes between the Contracting States.
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 The competent authorities of the Contracting States shall exchange such information as is relevant for carrying out the provisions of this Convention or of the domestic laws in the Contracting States concerning taxes covered by the Convention insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Article 1. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to the taxes in that State. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State; (b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; (c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy ( ordre public ).
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) to carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State;
Income Tax Conventions Implementation Act, 2001 — I-3.55 3
3 If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall endeavour to obtain the information to which the request relates in the same way as if its own taxation were involved, even though the other State does not, at that time, need such information. If specifically requested by the competent authority of a Contracting State, the competent authority of the other Contracting State shall endeavour to provide information under this Article in the form requested, such as depositions of witnesses and copies of unedited original documents (including books, papers, statements, records, accounts or writings), to the same extent such depositions and documents can be obtained under the laws and administrative practices of that other State with respect to its own taxes.
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 Nothing in this Convention shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements.
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 Notwithstanding the provisions of Article 4, an individual who is a member of a diplomatic mission, consular post or permanent mission of a Contracting State that is situated in the other Contracting State or in a third State shall be deemed for the purposes of the Convention to be a resident only of the sending State if that individual is liable in the sending State to the same obligations in relation to tax on total income as are residents of that sending State.
Income Tax Conventions Implementation Act, 2001 — I-3.55 3
3 The Convention shall not apply to international organisations, to organs or officials thereof and to persons who are members of a diplomatic mission, consular post or permanent mission of a third State or group of States, being present in a Contracting State and who are not liable in either Contracting State to the same obligations in relation to tax on their total income as are residents thereof.
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 The provisions of this Convention shall not be construed to restrict in any manner any exemption, allowance, credit or other deduction accorded (a) by the laws of a Contracting State in the determination of the tax imposed by that State; or (b) by any other agreement entered into by a Contracting State.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) by the laws of a Contracting State in the determination of the tax imposed by that State; or
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) by any other agreement entered into by a Contracting State.
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 Nothing in the Convention shall be construed as preventing a Contracting State from imposing a tax on amounts included in the income of a resident of that State with respect to a partnership, trust, or controlled foreign affiliate, in which that resident has an interest.
Income Tax Conventions Implementation Act, 2001 — I-3.55 3
3 The Convention shall not apply to any company, trust, partnership or other entity that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income or capital of the company, trust, partnership or other entity by that State is substantially lower than the amount that would be imposed by that State if all of the shares of the capital stock of the company or all of the interests in the trust, partnership and other entity, as the case may be, were beneficially owned by one or more individuals who were residents of that State.
Income Tax Conventions Implementation Act, 2001 — I-3.55 4
4 For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of this Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of Article 24 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States.
Income Tax Conventions Implementation Act, 2001 — I-3.55 5
5 Contributions in a year in respect of services rendered in that year paid by, or on behalf of, an individual who is a resident of a Contracting State or who is temporarily present in that State to a pension plan that is recognised for tax purposes in the other Contracting State shall, during a period not exceeding in the aggregate 60 months, be treated in the same way for tax purposes in the first-mentioned State as a contribution paid to a pension plan that is recognised for tax purposes in that first-mentioned State, if (a) such individual was contributing on a regular basis to the pension plan for a period ending immediately before that individual became a resident of or temporarily present in the first-mentioned State; and (b) the competent authority of the first-mentioned State agrees that the pension plan generally corresponds to a pension plan recognised for tax purposes by that State. For the purposes of this paragraph, pension plan includes a pension plan created under the social security system in a Contracting State.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) the competent authority of the first-mentioned State agrees that the pension plan generally corresponds to a pension plan recognised for tax purposes by that State.
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 The Governments of the Contracting States shall notify each other, through diplomatic channels, that the constitutional requirements for the entry into force of this Convention have been complied with.
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 The Convention shall enter into force upon the date of the later of the notifications referred to in paragraph 1 and its provisions shall have effect: (a) in respect of tax withheld at the source on amounts paid or credited, on or after the first day of January in the calendar year next following that in which the Convention enters into force; and (b) in respect of other taxes, for taxation years beginning on or after the first day of January in the calendar year next following that in which the Convention enters into force.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) in respect of tax withheld at the source on amounts paid or credited, on or after the first day of January in the calendar year next following that in which the Convention enters into force; and
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) in respect of other taxes, for taxation years beginning on or after the first day of January in the calendar year next following that in which the Convention enters into force.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
This Convention shall remain in force until terminated by one of the Contracting States. Either Contracting State may terminate the Convention, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year as from the fifth year following that in which the Convention enters into force. In such event, the Convention shall cease to have effect: (a) in respect of tax withheld at the source on amounts paid or credited, on or after the first day of January of the next following calendar year; and (b) in respect of other taxes, for taxation years beginning on or after the first day of January of the next following calendar year.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) in respect of tax withheld at the source on amounts paid or credited, on or after the first day of January of the next following calendar year; and
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) in respect of other taxes, for taxation years beginning on or after the first day of January of the next following calendar year.
Income Tax Conventions Implementation Act, 2001 — I-3.55
DONE in duplicate at Quito, this 28 th day of June, 2001, in the English, French and Spanish languages, each version being equally authentic.
Income Tax Conventions Implementation Act, 2001 — I-3.55
FOR THE GOVERNMENT OF THE REPUBLIC OF ECUADOR
Income Tax Conventions Implementation Act, 2001 — I-3.55
At the moment of signing the Convention this day concluded between the Government of Canada and the Government of the Republic of Ecuador for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, the undersigned have agreed upon the following provisions which shall be an integral part of the Convention.
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 The Convention shall not apply to the tax on Monetary Transactions ( Impuesto a la Circulacóin de Capitales ).
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 With reference to subparagraph (b) of paragraph 2 of Article 12, 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, Ecuador agrees to a rate of tax on royalties referred to in that subparagraph (b) that is lower than 15 per cent, the following shall apply for the purposes of that subparagraph: (a) to the extent that such lower rate applies to: (i) 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 (ii) 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. (b) to the extent that such lower rate applies to other royalties referred to in that subparagraph, 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) to the extent that such lower rate applies to: (i) 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 (ii) 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 (i)
(i) 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 (ii)
(ii) 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 (b)
(b) to the extent that such lower rate applies to other royalties referred to in that subparagraph, 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 3
3 With reference to paragraph 3 of Article 12, it is understood that the term royalties includes payments for the use of, or the right to use, rights of breeders of new varieties of plants.
Income Tax Conventions Implementation Act, 2001 — I-3.55
IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Protocol.
Income Tax Conventions Implementation Act, 2001 — I-3.55
The Government of Canada and the Government of the Bolivarian Republic of Venezuela, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal avoidance and evasion with respect to taxes on income and on capital, have agreed as follows:
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 This Convention shall apply to taxes on income and on capital imposed on behalf of each Contracting State, irrespective of the manner in which they are levied.
Income Tax Conventions Implementation Act, 2001 — I-3.55 2
2 There shall be regarded as taxes on income and on capital all taxes imposed on total income, or 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.
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 taxes imposed by the Government of Canada under the Income Tax Act , (hereinafter referred to as “Canadian tax”); (b) in the case of Venezuela: the taxes on income and the business assets tax, (hereinafter referred to as “Venezuelan tax”).
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) in the case of Venezuela: the taxes on income and the business assets tax, (hereinafter referred to as “Venezuelan tax”).
Income Tax Conventions Implementation Act, 2001 — I-3.55
the taxes on income and the business assets tax, (hereinafter referred to as “Venezuelan tax”).
Income Tax Conventions Implementation Act, 2001 — I-3.55 1
1 For the purposes of this Convention, unless the context otherwise requires: (a) the terms a Contracting State and the other Contracting State mean, as the context requires, Canada or Venezuela; (b) the term person includes an individual, a trust, a company, a partnership and any other body of persons; (c) the term company means any body corporate or any entity which is treated as a body corporate for tax purposes; (d) 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; (e) the term competent authority means: (i) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative, and (ii) in the case of Venezuela, the Integrated National Service of Customs and Tax Administration ( Servicio Nacional Integrado de Administración Aduanera y Tributaria — SENIAT), its authorized representative or the authority which is designated as a competent authority for the purposes of the Convention; (f) 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; (g) the term international traffic means any voyage of a ship or aircraft operated by an enterprise of a Contracting State to transport passengers or property except where the principal purpose of the voyage is to transport passengers or property between places within the other Contracting State.
Income Tax Conventions Implementation Act, 2001 — I-3.55 (a)
(a) the terms a Contracting State and the other Contracting State mean, as the context requires, Canada or Venezuela;
Income Tax Conventions Implementation Act, 2001 — I-3.55 (b)
(b) the term person includes an individual, a trust, a company, a partnership and any other body of persons;