GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Oman Tax Agreement Act, 2004 — C-7.9 1
1 In the Sultanate of Oman, double taxation shall be avoided as follows: a) where a resident of the Sultanate of Oman derives income which, in accordance with the provisions of this Agreement, may be taxed in Canada, the Sultanate of Oman shall allow as a deduction from the tax on the income of that resident an amount equal to the income tax paid in Canada, whether directly or by deduction, however such a deduction shall not exceed that part of the income tax (as computed before the deduction is given) which is attributable to the income which may be taxed in Canada; and b) where, in accordance with any provision of the Agreement, income derived by a resident of the Sultanate of Oman is exempt from tax in the Sultanate of Oman, the Sultanate of Oman may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into consideration the exempted income.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
a) where a resident of the Sultanate of Oman derives income which, in accordance with the provisions of this Agreement, may be taxed in Canada, the Sultanate of Oman shall allow as a deduction from the tax on the income of that resident an amount equal to the income tax paid in Canada, whether directly or by deduction, however such a deduction shall not exceed that part of the income tax (as computed before the deduction is given) which is attributable to the income which may be taxed in Canada; and
Canada–Oman Tax Agreement Act, 2004 — C-7.9 b)
b) where, in accordance with any provision of the Agreement, income derived by a resident of the Sultanate of Oman is exempt from tax in the Sultanate of Oman, the Sultanate of Oman may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into consideration the exempted income.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 2
2 In the case of Canada, double taxation shall be avoided as follows: a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in the Sultanate of Oman on profits, income or gains arising in the Sultanate of Oman shall be deducted from any Canadian tax payable in respect of such profits, income or gains; and b) where, in accordance with any provision of the Agreement, 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 or capital, take into consideration the exempted income or capital.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in the Sultanate of Oman on profits, income or gains arising in the Sultanate of Oman shall be deducted from any Canadian tax payable in respect of such profits, income or gains; and
Canada–Oman Tax Agreement Act, 2004 — C-7.9 b)
b) where, in accordance with any provision of the Agreement, 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 or capital, take into consideration the exempted income or capital.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 3
3 For the purposes of this Article, profits, income or gains of a resident of a Contracting State that may be taxed in the other Contracting State in accordance with this Agreement shall be deemed to arise from sources in that other State.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 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 Agreement, 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 resulting in taxation not in accordance with the provisions of the Agreement.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 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 Agreement.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 3
3 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 Agreement.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 4
4 The competent authorities of the Contracting States may consult together for the elimination of double taxation of double taxation in cases not provided for in the Agreement and may communicate with each other directly for the purpose of applying the Agreement.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 1
1 The competent authorities of the Contracting States shall exchange such information as is relevant for carrying out the provisions of this Agreement or of the domestic laws in the Contracting States concerning taxes covered by this Agreement insofar as the taxation thereunder is not contrary to the Agreement. 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 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.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 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 and 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; or 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).
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
a) to carry out administrative measures at variance with the laws and the administrative practice of that or of the other Contracting State;
Canada–Oman Tax Agreement Act, 2004 — C-7.9 b)
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; or
Canada–Oman Tax Agreement Act, 2004 — C-7.9 c)
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).
Canada–Oman Tax Agreement Act, 2004 — C-7.9
Nothing in this Agreement 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.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 1
1 The laws in force in a Contracting State shall continue to govern taxation in that State except where the provisions of this Agreement differ from the provisions of those laws.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 2
2 The provisions of this Agreement shall not restrict in any manner any exclusion, exemption, credit or other deduction or allowance accorded by the laws of a Contracting State in the determination of the tax imposed by that State.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 3
3 Nothing in the Agreement 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.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 4
4 The Agreement shall not apply to any company, trust 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 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 or other entity, as the case may be, were beneficially owned by one or more individuals who were residents of that State.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 5
5 The Agreement shall not apply to a company or other entity that is entitled to income tax benefits pursuant to: a) any legislation in either Contracting State relating to tax-free zones at the date of signature of the Agreement; or b) any other legislation adopted by either Contracting State after the date of signature of the Agreement that provides benefits similar to those referred to in sub-paragraph a).
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
a) any legislation in either Contracting State relating to tax-free zones at the date of signature of the Agreement; or
Canada–Oman Tax Agreement Act, 2004 — C-7.9 b)
b) any other legislation adopted by either Contracting State after the date of signature of the Agreement that provides benefits similar to those referred to in sub-paragraph a).
Canada–Oman Tax Agreement Act, 2004 — C-7.9 6
6 However, paragraph 5 shall not apply where: a) the company or other entity is wholly-owned directly or indirectly (including through one or more entities) by individuals who are resident of the Contracting State providing the income tax benefits; or b) ninety per cent or more of the income eligible for such benefits is derived exclusively from the active conduct of a trade or business carried on by it other than an investment business.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
a) the company or other entity is wholly-owned directly or indirectly (including through one or more entities) by individuals who are resident of the Contracting State providing the income tax benefits; or
Canada–Oman Tax Agreement Act, 2004 — C-7.9 b)
b) ninety per cent or more of the income eligible for such benefits is derived exclusively from the active conduct of a trade or business carried on by it other than an investment business.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 7
7 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 Agreement 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.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 8
8 Notwithstanding the provisions of Article 10, dividends arising in a Contracting State and paid to an organization that is operated in the other Contracting State exclusively to administer or provide benefits under one or more pension, retirement or employee benefits plans shall be exempt from tax in the first-mentioned State if: a) the organisation is the beneficial owner of the shares on which the dividends are paid, holds those shares as an investment and is generally exempt from tax in the other State; b) the organisation does not own directly or indirectly more that five per cent of the capital or five per cent of the voting stock of the company paying the dividends; and c) the class of shares of the company on which the dividends are paid is regularly traded on an approved stock exchange.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
a) the organisation is the beneficial owner of the shares on which the dividends are paid, holds those shares as an investment and is generally exempt from tax in the other State;
Canada–Oman Tax Agreement Act, 2004 — C-7.9 b)
b) the organisation does not own directly or indirectly more that five per cent of the capital or five per cent of the voting stock of the company paying the dividends; and
Canada–Oman Tax Agreement Act, 2004 — C-7.9 c)
c) the class of shares of the company on which the dividends are paid is regularly traded on an approved stock exchange.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 9
9 For the purposes of subparagraph 8c), the term “approved stock exchange” means: a) in the case of dividends arising in Canada, a Canadian stock exchange prescribed for the purposes of the Income Tax Act ; b) in the case of dividends arising in the Sultanate of Oman, the Muscat Securities Market; c) any other stock exchange agreed to in letters exchanged between the competent authorities of the Contracting State.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
a) in the case of dividends arising in Canada, a Canadian stock exchange prescribed for the purposes of the Income Tax Act ;
Canada–Oman Tax Agreement Act, 2004 — C-7.9 b)
b) in the case of dividends arising in the Sultanate of Oman, the Muscat Securities Market;
Canada–Oman Tax Agreement Act, 2004 — C-7.9 c)
c) any other stock exchange agreed to in letters exchanged between the competent authorities of the Contracting State.
Canada–Oman Tax Agreement Act, 2004 — C-7.9
The attached Protocol forms an integral part of the Agreement.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
Each of the Contracting States shall notify the other Contracting State through diplomatic channels of the completion of the procedures required by its law for the bringing into force of this Agreement. This Agreement shall enter into force on the date of the later of these notifications and shall thereupon have effect as follows: a) in respect of taxes withheld at source, for amounts paid or credited on or after the first day of January next following the date on which this Agreement enters into force; and b) in respect of other taxes, for any taxable year commencing on or after the first day of January next following the date on which this Agreement enters into force.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
a) in respect of taxes withheld at source, for amounts paid or credited on or after the first day of January next following the date on which this Agreement enters into force; and
Canada–Oman Tax Agreement Act, 2004 — C-7.9 b)
b) in respect of other taxes, for any taxable year commencing on or after the first day of January next following the date on which this Agreement enters into force.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
This Agreement shall remain in force until terminated by one of the Contracting States. Either Contracting State may terminate the Agreement, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year after the period of five years from the date on which the Agreement enters into force. In such event, the Agreement shall cease to have effect as follows: a) in respect of taxes withheld at source, for amount paid or credited on or after the first day of January in the calendar year immediately following that in which the notice of such termination is given; and b) in respect of other taxes, for any tax year commencing on or after the first day of January in the calendar year immediately following that in which the notice of such termination is given.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 a)
a) in respect of taxes withheld at source, for amount paid or credited on or after the first day of January in the calendar year immediately following that in which the notice of such termination is given; and
Canada–Oman Tax Agreement Act, 2004 — C-7.9 b)
b) in respect of other taxes, for any tax year commencing on or after the first day of January in the calendar year immediately following that in which the notice of such termination is given.
Canada–Oman Tax Agreement Act, 2004 — C-7.9
IN WITNESS WHEREOF, the undersigned, duly authorised to that effect by their respective Governments, have signed this Agreement.
Canada–Oman Tax Agreement Act, 2004 — C-7.9
DONE at Muscat, on this 30th day of June 2004, corresponding to 12/05/1425 AH, in two identical originals each in the English, French and Arabic languages, all texts being equally authoritative.
Canada–Oman Tax Agreement Act, 2004 — C-7.9
FOR THE GOVERNMENT OF CANADA Roderick L. Bell Ambassador of Canada to the Sultanate of Oman
Canada–Oman Tax Agreement Act, 2004 — C-7.9
FOR THE GOVERNMENT OF THE SULTANATE OF OMAN Ahmed bin Abdulnabi Macki Minister of National Economy & Deputy Chairman of Financial Affairs & Energy Resouces Council
Canada–Oman Tax Agreement Act, 2004 — C-7.9
On signing of the Agreement between the Government of Canada and the Government of the Sultanate of Oman for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital (hereinafter referred to as the “Agreement”), the undersigned have agreed upon the following provisions:
Canada–Oman Tax Agreement Act, 2004 — C-7.9 1
1 With reference to subparagraph j) of paragraph 1 of Article 3 of the Agreement, it is understood that the term “tax” shall not include any amount which is payable in respect of any default or omission in relation to the taxes to which the Agreement applies or which represents a penalty imposed relating to those taxes.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 2
2 With reference to paragraphs 1 and 2 of Article 7 of the Agreement, it is understood that where an enterprise of a Contracting State sells goods or merchandise or otherwise carries on business in the other Contracting State through a permanent establishment situated therein, the profits of that permanent establishment shall be determined only on the basis of the profits that are attributable to the actual activity of the permanent establishment for such business. Without limiting the foregoing, in the case of contracts for the survey, supply, installation or construction of industrial, commercial or scientific equipment or premises, or of public works, when the enterprise has a permanent establishment, the profits of the enterprise attributable to such permanent establishment shall be determined only on the basis of that part of the contract that is effectively carried out by the permanent establishment in the State where the permanent establishment is situated. Any other profits related to that part of the contract that is carried out by the enterprise outside that State shall be taxable only in the State of which the enterprise is resident.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 3
3 With reference to Articles 8 and 14 of the Agreement, it is agreed that in the event of a Canadian air transport enterprise being subjected to any tax similar to those mentioned in Article 2 with respect to profits referred to in Article 8, by any other State which is a shareholder in Gulf Air Company, the provisions of paragraphs 1, 3 and 4 of Article 8 and paragraph 3 of Article 14 shall apply only, with respect to profits and gains derived by Gulf Air Company, which are attributable under its constitutive contract to the Government of the Sultanate of Oman.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 4
4 It is agreed that in the event that, pursuant to an income tax convention or agreement concluded by Canada after the date of the signature of the Agreement, Canada agrees to a lower rate of withholding tax on interest than that provided in paragraph 2 of Article 11 of the Agreement, the appropriate authorities of Canada shall consult within a reasonable period of time with the appropriate authorities of the Sultanate of Oman regarding a further reduction in the rate of withholding tax on interest.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 5
5 With reference to paragraphs 4 and 5 of Article 28 of the Agreement, it is agreed that nothing in the provisions of those paragraphs shall be construed as preventing a Contracting State from granting the benefits provided by its legislation relating to tax-free zones.
Canada–Oman Tax Agreement Act, 2004 — C-7.9 6
6 It is agreed that nothing in the Agreement shall be construed as preventing Canada from imposing on the earnings of a company attributable to a permanent establishment in Canada, or the earnings attributable to the alienation of immovable property situated in Canada by a company carrying on a trade or business in immovable property, a tax in addition to the tax that would be chargeable on the earnings of a company that is a national of Canada, except that any additional tax so imposed shall not exceed five per cent of the amount of such 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 Canada as may be taxed by Canada under the provisions of Article 6 or paragraph 1 of Article 14 of the Agreement, and the profits, including any gains attributable to a permanent establishment in Canada in a year and previous years, after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on such profits in Canada.
Canada–Oman Tax Agreement Act, 2004 — C-7.9
IN WITNESS WHEREOF, the undersigned, duly authorised to that effect, by their respective Governments, have signed this Agreement.
Canada–Oman Tax Agreement Act, 2004 — C-7.9
FOR THE GOVERNMENT OF THE SULTANATE OF OMAN Ahmed bin Abdulnabi Macki Minister of National Energy & Deputy Chairman of Financial Affairs & Energy Resources Council
Canada–Panama Economic Growth and Prosperity Act — C-7.95
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canada–Panama Economic Growth and Prosperity Act — C-7.95 1
Short title 1 This Act may be cited as the Canada–Panama Economic Growth and Prosperity Act .
Canada–Panama Economic Growth and Prosperity Act — C-7.95 2
Definitions 2 The following definitions apply in this Act. Agreement means the Free Trade Agreement between Canada and the Republic of Panama, done at Ottawa on May 14, 2010. ( Accord ) federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. ( texte législatif fédéral ) Joint Commission means the Joint Commission established under Article 21.01 of the Agreement. ( Commission mixte ) Minister means the Minister for International Trade. ( ministre ) related agreement means (a) the Agreement on the Environment between Canada and the Republic of Panama, done at Ottawa on May 13, 2010; or (b) the Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010. ( accord connexe )