GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 3
3 A Party shall not make a primary adjustment to the profits of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its domestic laws and, in any case, after seven years from the end of the taxable year in which the profits which would be subject to such change would, but for the conditions referred to in paragraph 1, have been attributed to that enterprise.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 4
4 The provisions of paragraphs 2 and 3 shall not apply in the case of fraud or wilful default.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 1
1 Dividends paid by a company which is a resident of a Party to a resident of the other Party may be taxed in that other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 2
2 However, such dividends may also be taxed in the Party of which the company paying the dividends is a resident and according to the laws of that Party, but if the beneficial owner of the dividends is a resident of the other Party, the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) that controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividends; and (b) 15 per cent of the gross amount of the dividends, in all other cases. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (a)
(a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) that controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividends; and
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (b)
(b) 15 per cent of the gross amount of the dividends, in all other cases.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15
This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 3
3 The term dividends as used in this Article means income from shares, jouissance shares or jouissance rights, mining shares, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income which is subjected to the same taxation treatment as income from shares by the laws of the Party of which the company making the distribution is a resident.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 4
4 The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Party, carries on business in the other Party of which the company paying the dividends is a resident through a permanent establishment situated therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 (Business Profits) shall apply.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 5
5 Where a company which is a resident of a Party derives profits or income from the other Party, that other Party may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other Party or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment situated in that other Party, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 6
6 Nothing in this Agreement shall be construed as preventing a Party from imposing on the earnings of a company attributable to a permanent establishment in that Party, or the earnings attributable to the alienation of immovable property situated in that Party by a company carrying on a trade in immovable property, a tax in addition to the tax that would be chargeable on the earnings of a company that is a resident of a Party. Any additional tax so imposed shall not exceed five per cent of the amount of those earnings that have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term “earnings” means the earnings attributable to the alienation of such immovable property situated in a Party as may be taxed by that Party under the provisions of Article 6 (Income from Immovable Property) or of paragraph 1 of Article 13 (Capital Gains), and the profits, including any gains, attributable to a permanent establishment in a Party in a year and previous years, after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on those profits in that Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 7
7 A resident of a Party shall not be entitled to any benefits provided under this Article in respect of a dividend if one of the main purposes of any person concerned with an assignment or transfer of the dividend, or with the creation, assignment, acquisition or transfer of the shares or other rights in respect of which the dividend is paid, or with the establishment, acquisition or maintenance of the person that is the beneficial owner of the dividend, is for that resident to obtain the benefits of this Article.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 1
1 Interest arising in a Party and paid to a resident of the other Party may be taxed in that other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 2
2 However, such interest may also be taxed in the Party in which it arises and according to the laws of that Party, but if the beneficial owner of the interest is a resident of the other Party, the tax so charged shall not exceed 10 per cent of the gross amount of the interest.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 3
3 Notwithstanding the provisions of paragraph 2: (a) interest arising in a Party and paid to the Government of the other Party, or to a political subdivision or a local authority of that other Party, shall be exempt from tax in the first-mentioned Party; (b) interest arising in the Hong Kong Special Administrative Region and paid to a resident of Canada shall be taxable only in Canada if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by Export Development Canada; (c) interest arising in Canada and paid to the Hong Kong Monetary Authority shall be taxable only in the Hong Kong Special Administrative Region; (d) interest arising in a Party and paid to any wholly-owned agency or instrumentality of the other Party, political subdivision or local authority, shall be taxable only in that other Party. However, this provision shall only apply in circumstances as may be agreed from time to time between the competent authorities of the Parties; and (e) interest arising in a Party and paid to a resident of the other Party shall not be taxable in the first-mentioned Party if the beneficial owner of the interest is a resident of the other Party and is dealing at arm’s length with the payer.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (a)
(a) interest arising in a Party and paid to the Government of the other Party, or to a political subdivision or a local authority of that other Party, shall be exempt from tax in the first-mentioned Party;
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (b)
(b) interest arising in the Hong Kong Special Administrative Region and paid to a resident of Canada shall be taxable only in Canada if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by Export Development Canada;
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (c)
(c) interest arising in Canada and paid to the Hong Kong Monetary Authority shall be taxable only in the Hong Kong Special Administrative Region;
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (d)
(d) interest arising in a Party and paid to any wholly-owned agency or instrumentality of the other Party, political subdivision or local authority, shall be taxable only in that other Party. However, this provision shall only apply in circumstances as may be agreed from time to time between the competent authorities of the Parties; and
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (e)
(e) interest arising in a Party and paid to a resident of the other Party shall not be taxable in the first-mentioned Party if the beneficial owner of the interest is a resident of the other Party and is dealing at arm’s length with the payer.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 4
4 Subparagraph 3(e) shall not apply where all or any portion of the interest is paid or payable on an obligation that is contingent or dependent on the use of or production from property or is computed by reference to revenue, profit, cash flow, commodity price or any other similar criterion or by reference to dividends paid or payable to shareholders of any class of shares of the capital stock of a corporation.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 5
5 The term interest as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures as well as income which is subjected to the same taxation treatment as income from money lent by the laws of the Party in which the income arises. However, the term “interest” does not include income dealt with in Article 8 (Shipping and Air Transport) or Article 10 (Dividends).
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 6
6 The provisions of paragraphs 1, 2 and 3 shall not apply if the beneficial owner of the interest, being a resident of a Party, carries on business in the other Party in which the interest arises through a permanent establishment situated therein and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 (Business Profits) shall apply.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 7
7 Interest shall be deemed to arise in a Party when the payer is a resident of that Party. Where, however, the person paying the interest, whether the payer is a resident of a Party or not, has in a Party a permanent establishment in connection with which the indebtedness on which the interest is paid was incurred, and that interest is borne by that permanent establishment, then that interest shall be deemed to arise in the Party in which the permanent establishment is situated.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 8
8 Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payments shall remain taxable according to the laws of each Party, due regard being had to the other provisions of this Agreement.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 9
9 A resident of a Party shall not be entitled to any benefits provided under this Article in respect of interest if one of the main purposes of any person concerned with an assignment or transfer of the interest, or with the creation, assignment, acquisition or transfer of the debt-claim or other rights in respect of which the interest is paid, or with the establishment, acquisition or maintenance of the person that is the beneficial owner of the interest, is for that resident to obtain the benefits of this Article.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 1
1 Royalties arising in a Party and paid to a resident of the other Party may be taxed in that other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 2
2 However, such royalties may also be taxed in the Party in which they arise and according to the laws of that Party, but if the beneficial owner of the royalties is a resident of the other Party, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 3
3 The term royalties as used in this Article means payments of any kind received as a consideration for: (a) the use of, or the right to use, any copyright, patent, trade mark, design or model, plan, secret formula or process or other intangible property; (b) the use of, or the right to use, industrial, commercial or scientific equipment; (c) information concerning industrial, commercial or scientific experience; or (d) the use of, or the right to use: (i) motion picture films, (ii) films, videotapes or other means of reproduction for use in connection with television, or (iii) tapes for use in connection with radio broadcasting.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (a)
(a) the use of, or the right to use, any copyright, patent, trade mark, design or model, plan, secret formula or process or other intangible property;
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (b)
(b) the use of, or the right to use, industrial, commercial or scientific equipment;
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (c)
(c) information concerning industrial, commercial or scientific experience; or
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (d)
(d) the use of, or the right to use: (i) motion picture films, (ii) films, videotapes or other means of reproduction for use in connection with television, or (iii) tapes for use in connection with radio broadcasting.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (ii)
(ii) films, videotapes or other means of reproduction for use in connection with television, or
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (iii)
(iii) tapes for use in connection with radio broadcasting.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15
However, the term royalties does not include income dealt with in Article 8 (Shipping and Air Transport).
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 4
4 The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a Party, carries on business in the other Party in which the royalties arise, through a permanent establishment situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 (Business Profits) shall apply.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 5
5 Royalties shall be deemed to arise in a Party when the payer is a resident of that Party. Where, however, the person paying the royalties, whether the payer is a resident of a Party or not, has in a Party a permanent establishment in connection with which the obligation to pay the royalties was incurred, and those royalties are borne by that permanent establishment, then those royalties shall be deemed to arise in the Party in which the permanent establishment is situated.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 6
6 Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payments shall remain taxable according to the laws of each Party, due regard being had to the other provisions of this Agreement.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 7
7 A resident of a Party shall not be entitled to any benefits provided under this Article in respect of a royalty if one of the main purposes of any person concerned with an assignment or transfer of the royalty, or with the creation, assignment, acquisition or transfer of rights in respect of which the royalty is paid, or with the establishment, acquisition or maintenance of the person that is the beneficial owner of the royalty, is for that resident to obtain the benefits of this Article.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 1
1 Gains derived by a resident of a Party from the alienation of immovable property referred to in Article 6 (Income from Immovable Property) and situated in the other Party may be taxed in that other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 2
2 Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Party has in the other Party, including gains from the alienation of such a permanent establishment (alone or with the whole enterprise), may be taxed in that other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 3
3 Gains derived by an enterprise of a Party from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft shall be taxable only in that Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 4
4 Gains derived by a resident of a Party from the alienation of: (a) shares deriving more than 50 per cent of their value directly or indirectly from immovable property situated in the other Party; or (b) an interest in a partnership, trust or other entity, deriving more than 50 per cent of its value directly or indirectly from immovable property situated in the other Party;
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (a)
(a) shares deriving more than 50 per cent of their value directly or indirectly from immovable property situated in the other Party; or
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (b)
(b) an interest in a partnership, trust or other entity, deriving more than 50 per cent of its value directly or indirectly from immovable property situated in the other Party;
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 5
5 Gains from the alienation of any property, other than the gains referred to in paragraphs 1, 2, 3 and 4, shall be taxable only in the Party of which the alienator is a resident.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 6
6 Where an individual who ceases to be a resident of a Party, and immediately thereafter becomes a resident of the other Party, is treated for the purposes of taxation in the first-mentioned Party as having alienated a property (in this paragraph referred to as the “deemed alienation”) and is taxed in that Party by reason thereof, the individual may elect to be treated for purposes of taxation in the other Party as if the individual had, immediately before becoming a resident of that other Party, sold and repurchased the property for an amount equal to the lesser of its fair market value at the time of the deemed alienation and the amount the individual elects, at the time of the actual alienation of the property, to be the proceeds of disposition in the first-mentioned Party in respect of the deemed alienation. However, this provision shall not apply to property any gain from which, arising immediately before the individual became a resident of that other Party, may be taxed in that other Party or to immovable property situated in a third Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 1
1 Subject to the provisions of Articles 15 (Directors’ Fees), 17 (Pensions) and 18 (Government Service), salaries, wages and other remuneration derived by a resident of a Party in respect of an employment shall be taxable only in that Party unless the employment is exercised in the other Party. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 2
2 Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Party in respect of an employment exercised in the other Party shall be taxable only in the first-mentioned Party if: (a) the recipient is present in the other Party for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the taxable period concerned; and (b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other Party; and (c) the remuneration is not borne by a permanent establishment which the employer has in the other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (a)
(a) the recipient is present in the other Party for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the taxable period concerned; and
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (b)
(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other Party; and
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 (c)
(c) the remuneration is not borne by a permanent establishment which the employer has in the other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 3
3 Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Party may be taxed in that Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15
Directors’ fees and other similar payments derived by a resident of a Party in that resident’s capacity as a member of the board of directors of a company which is a resident of the other Party may be taxed in that other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 1
1 Notwithstanding the provisions of Articles 7 (Business Profits) and 14 (Income from Employment), income derived by a resident of a Party as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that resident’s personal activities as such exercised in the other Party, may be taxed in that other Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 2
2 Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or sportsperson personally but to another person, that income may, notwithstanding the provisions of Articles 7 (Business Profits) and 14 (Income from Employment), be taxed in the Party in which the activities of the entertainer or sportsperson are exercised.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 3
3 The provisions of paragraphs 1 and 2 shall not apply to income derived from activities performed in a Party by a resident of the other Party in the context of a visit in the first-mentioned Party of a non-profit organization of the other Party, if the visit is wholly or mainly supported by public funds.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15
Pensions (including lump sums) arising in a Party and paid to a resident of the other Party in consideration of past employment may be taxed in the Party in which they arise and according to the laws of that Party.
Canada–Hong Kong Tax Agreement Act, 2013 — C-6.15 1. (a)
1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by the Government of a Party or of a political subdivision or of a local authority to an individual in respect of services rendered to that Party or subdivision or authority shall be taxable only in that Party. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Party if the services are rendered in that Party and the individual is a resident of that Party who: (i) in the case of the Hong Kong Special Administrative Region, has the right of abode therein and in the case of Canada, is a national thereof, or (ii) did not become a resident of that Party solely for the purpose of rendering the services.