GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Conventions Implementation Act, 1999 — I-3.54 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, 1999 — I-3.54 4
4 Except where the provisions of paragraph 1 of Article 9 or paragraph 7 of Article 12 apply, royalties and other disbursements, other than interest, paid by a resident of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable profits of such resident, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State. Similarly, any debts of a resident of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable capital of such resident, be deductible under the same conditions as if they had been contracted to a resident of the first-mentioned State.
Income Tax Conventions Implementation Act, 1999 — I-3.54 5
5 Except where the provisions of paragraph 1 of Article 9 or paragraph 7 of Article 11 apply, interest paid by a resident of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable profits of such resident, be deductible under the same conditions as if they had been paid to a resident of a third State.
Income Tax Conventions Implementation Act, 1999 — I-3.54 6
6 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, 1999 — I-3.54 7
7 In this Article, the term taxation means taxes which are the subject of this Convention.
Income Tax Conventions Implementation Act, 1999 — I-3.54 8
8 The provisions of paragraphs 4 and 5 shall not affect the ability of a Contracting State to provide that a person which is not a resident of that State does not enjoy, under the laws of that State, a tax treatment that is more favourable than that enjoyed by residents of that State.
Income Tax Conventions Implementation Act, 1999 — I-3.54 1
1 Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Convention, he may, irrespective of the remedies provided by the domestic law of those States, address to the competent authority of the Contracting State of which he 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, 1999 — I-3.54 3
3 A Contracting State shall not, after the expiry of the time limits provided in its national 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, 1999 — I-3.54 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.
Income Tax Conventions Implementation Act, 1999 — I-3.54 5
5 The competent authorities of the Contracting States may consult together for the elimination of double taxation in cases not provided for in the Convention and may communicate with each other directly for the purpose of applying the Convention.
Income Tax Conventions Implementation Act, 1999 — I-3.54 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 of 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) involved in the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to taxes. 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, 1999 — I-3.54 2
2 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 notwithstanding the fact that the other State does not, at that time, need such information.
Income Tax Conventions Implementation Act, 1999 — I-3.54 3
3 Nothing in paragraphs 1 and 2 shall 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, 1999 — I-3.54 (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, 1999 — I-3.54 1
1 Nothing in this Convention shall affect the fiscal privileges of diplomatic agents or consular officers under the general rules of international law or under the provisions of special agreements.
Income Tax Conventions Implementation Act, 1999 — I-3.54 2
2 Notwithstanding Article 4, an individual who is a member of a diplomatic mission, consular post or permanent mission of a Contracting State which 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 of the sending State if he is liable in the sending State to the same obligations in relation to tax on his total income as are residents of that sending State.
Income Tax Conventions Implementation Act, 1999 — I-3.54 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 body of persons, trust, or controlled foreign affiliate, in which he has an interest.
Income Tax Conventions Implementation Act, 1999 — I-3.54 3
3 Where under any provision of this Convention any income is relieved from tax in a Contracting State and, under the law in force in the other Contracting State a person, in respect of that income, is subject to tax by reference to the amount thereof which is remitted to or received in that other Contracting State and not by reference to the full amount thereof, then the relief to be allowed under this Convention in the first-mentioned Contracting State shall apply only to so much of the income as is taxed in the other Contracting State.
Income Tax Conventions Implementation Act, 1999 — I-3.54 4
4 For 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 25 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States.
Income Tax Conventions Implementation Act, 1999 — I-3.54 1
1 This Convention shall be ratified and the instruments of ratification shall be exchanged at Sofia.
Income Tax Conventions Implementation Act, 1999 — I-3.54 2
2 The Convention shall enter into force upon the exchange of instruments of ratification and its provisions shall have effect: (a) in respect of tax withheld at the source on amounts paid or credited to non-residents on or after the first day of January in the calendar year next following that in which the exchange of instruments of ratification takes place; and (b) in respect of other tax for taxation years beginning on or after the first day of January in the calendar year next following that in which the exchange of instruments of ratification takes place.
Income Tax Conventions Implementation Act, 1999 — I-3.54 (a)
(a) in respect of tax withheld at the source on amounts paid or credited to non-residents on or after the first day of January in the calendar year next following that in which the exchange of instruments of ratification takes place; and
Income Tax Conventions Implementation Act, 1999 — I-3.54 (b)
(b) in respect of other tax for taxation years beginning on or after the first day of January in the calendar year next following that in which the exchange of instruments of ratification takes place.
Income Tax Conventions Implementation Act, 1999 — I-3.54 (a)
This Convention shall continue in effect indefinitely but either Contracting State may, on or before June 30 of any calendar year beginning after the expiration of a period of five years from the date of its entry into force, give to the other Contracting State a notice of termination in writing through diplomatic channels; in such event, the Convention shall cease to have effect: (a) in respect of tax withheld at the source on amounts paid or credited to non-residents on or after the first day of January of the next following calendar year; and (b) in respect of other tax for taxation years beginning on or after the first day of January of the next following calendar year.
Income Tax Conventions Implementation Act, 1999 — I-3.54 (b)
(b) in respect of other tax for taxation years beginning on or after the first day of January of the next following calendar year.
Income Tax Conventions Implementation Act, 1999 — I-3.54
DONE in duplicate at Ottawa, this 3rd day of March 1999, in the English, French and Bulgarian languages, each version being equally authentic.
Income Tax Conventions Implementation Act, 1999 — I-3.54
At the moment of signing the Convention between the Government of Canada and the Government of the Republic of Bulgaria for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, the undersigned have agreed upon the following provisions which shall be an integral part of the Convention.
Income Tax Conventions Implementation Act, 1999 — I-3.54 1
1 With reference to subparagraph (a) of paragraph 1 of Article 4 of the Convention it is understood that for the purposes of the application of the Convention to, (a) income taxes, the term “liable to tax” refers to liability to taxes on income and not to taxes on capital; (b) capital taxes, the term “liable to tax” refers to liability to taxes on capital and not to taxes on income.
Income Tax Conventions Implementation Act, 1999 — I-3.54 (a)
(a) income taxes, the term “liable to tax” refers to liability to taxes on income and not to taxes on capital;
Income Tax Conventions Implementation Act, 1999 — I-3.54 (b)
(b) capital taxes, the term “liable to tax” refers to liability to taxes on capital and not to taxes on income.
Income Tax Conventions Implementation Act, 1999 — I-3.54 2
2 It is understood that the provisions of paragraph 1 of Article 6 of the Convention shall apply to income from the alienation of immovable property.
Income Tax Conventions Implementation Act, 1999 — I-3.54 3
3 With reference to Article 7 of the Convention, it is understood that where a resident of a Contracting State has carried on business in the other Contracting State through a permanent establishment situated therein, the business profits of the resident that are attributable to that permanent establishment and that are received by the resident after it has ceased to carry on business as aforesaid, may be taxed in that other State in accordance with the principles laid down in Article 7.
Income Tax Conventions Implementation Act, 1999 — I-3.54 4
4 It is understood that, notwithstanding any provision of the Convention, a company or a legal person which is a resident of Bulgaria and which has a permanent establishment in Canada shall, in accordance with the provisions of Canadian law, remain subject to the additional tax on companies other than Canadian corporations, but the rate of such tax shall not exceed 10 per cent.
Income Tax Conventions Implementation Act, 1999 — I-3.54 5
5 It is understood that, notwithstanding the provisions of paragraph 4 of Article 13 of the Convention, gains derived by a resident of a Contracting State from the alienation of: (a) shares (other than shares quoted on an approved stock exchange in the other State) forming part of a substantial interest in the capital stock of a company which is a resident of that other State the value of which shares is derived principally from immovable property situated in that other State; or (b) a substantial interest in a partnership or trust, established under the law in the other State, the value of which is derived principally from immovable property situated in that other State, may be taxed in that other State. For the purposes of this paragraph, the term immovable property includes the shares of a company referred to in subparagraph (a) or an interest in a partnership or trust referred to in subparagraph (b) but does not include any property, other than rental property, in which the business of the company, partnership or trust is carried on; and a substantial interest exists when the resident or persons related thereto own 25 per cent or more of the shares of any class of the capital stock of a company or have an interest of 25 per cent or more in a partnership or trust.
Income Tax Conventions Implementation Act, 1999 — I-3.54 (a)
(a) shares (other than shares quoted on an approved stock exchange in the other State) forming part of a substantial interest in the capital stock of a company which is a resident of that other State the value of which shares is derived principally from immovable property situated in that other State; or
Income Tax Conventions Implementation Act, 1999 — I-3.54 (b)
(b) a substantial interest in a partnership or trust, established under the law in the other State, the value of which is derived principally from immovable property situated in that other State,
Income Tax Conventions Implementation Act, 1999 — I-3.54
may be taxed in that other State. For the purposes of this paragraph, the term immovable property includes the shares of a company referred to in subparagraph (a) or an interest in a partnership or trust referred to in subparagraph (b) but does not include any property, other than rental property, in which the business of the company, partnership or trust is carried on; and a substantial interest exists when the resident or persons related thereto own 25 per cent or more of the shares of any class of the capital stock of a company or have an interest of 25 per cent or more in a partnership or trust.
Income Tax Conventions Implementation Act, 1999 — I-3.54 6
6 With reference to Article 14 of the Convention, it is understood that where a resident of a Contracting State has exercised independent professional services in the other Contracting State through a fixed base situated therein, the income of the resident that is attributable to that fixed base and that is received by the resident after the resident has ceased to exercise services as aforesaid, may be taxed in that other State in accordance with the principles laid down in Article 14.
Income Tax Conventions Implementation Act, 1999 — I-3.54 7
7 In the event that pursuant to an Agreement or Convention concluded with a country that is a member country of the Organisation for Economic Co-operation and Development after the date of signature of this Convention, Bulgaria agrees to a rate of tax on dividends or royalties that is lower than 10 per cent, then such lower rate (but not in any event a rate below 5 per cent for dividends) shall apply for the purpose of subparagraph (a) of paragraph 2 of Article 10 of the Convention with respect to dividends or paragraph 2 of Article 12 of the Convention with respect to 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 information provided in connection with a rental or franchise agreement), as the case may be.
Income Tax Conventions Implementation Act, 1999 — I-3.54 8
8 Notwithstanding anything in the Convention, the provisions of paragraph 4 of Article 23 of the Convention shall apply only for the first five years for which the Convention is effective, but the competent authorities of the Contracting States may consult with each other to determine whether this period shall be extended for a further period of five years.
Income Tax Conventions Implementation Act, 1999 — I-3.54
IN WITNESS WHEREOF, the undersigned, duly authorized to that effect, have signed this Protocol.
Income Tax Conventions Implementation Act, 1999 — I-3.54
The Government of Canada and the Government of the Portuguese Republic, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, have agreed as follows:
Income Tax Conventions Implementation Act, 1999 — I-3.54 1
1 The existing taxes to which the Convention shall apply are: (a) in the case of Canada, the income taxes imposed by the Government of Canada under the Income Tax Act , (hereinafter referred to as “Canadian tax”); (b) in the case of Portugal: (i) the personal income tax (Imposto sobre o Rendimento das Pessoas Singulares — IRS), (ii) the corporate income tax (Imposto sobre o Rendimento das Pessoas Colectivas — IRC), (iii) the local surtax on the corporate income tax (Derrama), (hereinafter referred to as “Portuguese tax”).
Income Tax Conventions Implementation Act, 1999 — I-3.54 (a)
(a) in the case of Canada, the income taxes imposed by the Government of Canada under the Income Tax Act , (hereinafter referred to as “Canadian tax”);
Income Tax Conventions Implementation Act, 1999 — I-3.54 (b)
(b) in the case of Portugal: (i) the personal income tax (Imposto sobre o Rendimento das Pessoas Singulares — IRS), (ii) the corporate income tax (Imposto sobre o Rendimento das Pessoas Colectivas — IRC), (iii) the local surtax on the corporate income tax (Derrama), (hereinafter referred to as “Portuguese tax”).
Income Tax Conventions Implementation Act, 1999 — I-3.54 (i)
(i) the personal income tax (Imposto sobre o Rendimento das Pessoas Singulares — IRS),
Income Tax Conventions Implementation Act, 1999 — I-3.54 (ii)
(ii) the corporate income tax (Imposto sobre o Rendimento das Pessoas Colectivas — IRC),
Income Tax Conventions Implementation Act, 1999 — I-3.54 (iii)
(iii) the local surtax on the corporate income tax (Derrama),
Income Tax Conventions Implementation Act, 1999 — I-3.54
(hereinafter referred to as “Portuguese tax”).
Income Tax Conventions Implementation Act, 1999 — I-3.54 2
2 The Convention shall apply also to any identical or substantially similar taxes which are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes which have been made in their respective taxation laws.
Income Tax Conventions Implementation Act, 1999 — I-3.54 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 Canada or Portugal as the context requires; (b) the term Canada , used in a geographical sense, means the territory of Canada, including: (i) any area beyond the territorial sea of Canada that, in accordance with international law and the laws of Canada, is an area in respect of which Canada may exercise rights with respect to the seabed and subsoil and their natural resources, (ii) the sea and airspace above every area referred to in clause (i) in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein; (c) the term Portugal , used in a geographical sense, means the territory of the Portuguese Republic situated in the European Continent and the archipelagoes of Azores and Madeira, the territorial sea as well as any other zone in which, in accordance with the laws of Portugal and international law, the Portuguese Republic has jurisdiction or sovereign rights with respect to the exploration and exploitation of the natural resources of the seabed and subsoil, and of the superjacent waters; (d) the term person includes an individual, a trust, a company and any other body of persons; (e) the term company means any body corporate or any entity which is treated as a body corporate for tax purposes; (f) the terms enterprise of a Contracting State and enterprise of the other Contracting State mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; (g) the term competent authority means: (i) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative, (ii) in the case of Portugal, the Minister of Finance, the Director General of Taxation or their authorized representatives; (h) the term national means: (i) any individual possessing the nationality of a Contracting State, (ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State; (i) the term tax means, as the context requires, Canadian tax or Portuguese tax; (j) the term international traffic , with reference to an enterprise of a Contracting State, means any voyage of a ship or aircraft 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, 1999 — I-3.54 (a)
(a) the terms a Contracting State and the other Contracting State mean Canada or Portugal as the context requires;