2. The Agreement between the Government of Canada and the Government of Jamaica, signed at Kingston on January 4, 1971, expires on the date of entry into force of this Agreement. It shall cease to apply to the fees to which this Agreement applies in accordance with paragraph 1. (5) If, for the purposes of paragraph 4, a tax reduction or exemption is granted by the Export Industry Promotion Act, it shall be taken into account for the purposes of this paragraph only to the extent that it is granted by Part II of the Industrial Incentives Act and if and only if the undertaking entitled to the exemption: could have been declared an approved enterprise under the Industry Promotion Act. Provisions of § 4 of the Industrial Incentives Act. 3. A State Party may not, after the expiry of the time limits provided for in its national law and, in any event, after the expiry of a tax period during which the income in question was obtained, increase the taxable amount of a resident of one of the two Contracting States by including income which has also been taxed in the other Contracting State. revenue which has not been subject to such an additional tax in previous tax years. For the purposes of this provision, “income” means profits attributable to a permanent establishment of a Contracting State in a year and in preceding years after deduction of all taxes levied in that State on such profits, except for the additional tax referred to herein; provided that such an additional tax is levied by Jamaica on a State resident in Canada at least favourably than on a resident of another country that is not a member of the Caribbean Common Market. 2. Profits from the sale of movable property forming part of the commercial assets of a permanent establishment owned by an enterprise of a Contracting State in the other Contracting State, including capital gains from the sale of such a permanent establishment alone or with the enterprise as a whole, may be taxed in the other State. However, profits made by a resident of a Contracting State in respect of the sale of ships and aircraft engaged in international traffic and of movable property related to the operation of such ships or aircraft may be taxed only in that State. When Bob Rae was the New Democratic Party MP for Broadview-Greenwood in December 1980, he stood up and opposed Canada`s signing of a tax treaty with Barbados at third reading of Bill S2, which ratified the treaty and several others with Korea, Italy, Austria, Italy, Romania and Spain.

1. Without prejudice to the remedies provided for in the domestic law of those States Parties, if a resident of a State Party considers that the acts of one or both States Parties result or will result in taxation that is not in conformity with this Convention, he may submit a written request to the competent authority of the State Party in which he resides, in which the reasons for the request for review of that taxation. In order to be admissible, such an application must be submitted within two years of the first notification of the appeal giving rise to taxation not in accordance with this Agreement. The Government of Canada and the Government of Jamaica, which intend to enter into an agreement to avoid double taxation and prevent tax evasion with respect to income tax, have agreed as follows: 7. Notwithstanding paragraph 2, interest accrued in a Contracting State shall be exempt from tax in that State if it arises from and is the effective property of the government of the other Contracting State or from a political subdivision or local authority of that State, or if it arises from an instrument which is not subject to taxation of its income in that other State. In this paragraph, the term “instrument” means any agent or body established or organized by the Government of a State Party or of a political subdivision or local authority of a State for the performance of tasks of a State nature. 3. For the purposes of this Article, “interest” means income from claims of any kind, whether or not secured by a mortgage, and whether or not they are entitled to participate in the debtor`s profits, in particular income from government bonds and income from debt securities or bonds, including premiums and prices attached to debt securities or bonds; and income equivalent to income from funds lent under the tax laws of the State in which the income is earned. However, the term `interest` shall not include the income referred to in Article X(5). Interest shall be deemed to arise in a Contracting State if the payer is that State itself, a political subdivision, a local authority or a resident of that State. However, where the payer of the interest, whether or not he resides in a Contracting State, has a permanent establishment in a Contracting State in respect of which the debt in respect of which the interest is paid arose and such interest is borne by that permanent establishment, such interest shall be deemed to have arisen in the Contracting State in which the permanent establishment is situated. 6.

Where, by reason of a special relationship between the payer and the beneficial owner of the interest or between the two and another person, the amount of interest paid, taking into account the claim for which it is paid, exceeds the amount that would have been agreed between the payer and the beneficial owner in the absence of such a ratio, the provisions of this Article shall apply only to the latter amount. In such a case, the excess part of the payments shall remain taxable under the laws of each Contracting State, with due regard to the other provisions of this Convention. These documents prompted the Star and the CBC to investigate a deeper question: Why has the Canadian government sanctioned treaties and agreements between us and well-known tax haven states, agreements that have deprived Canada`s public coffers of billions in tax revenues? 1. The competent authorities of the States Parties shall exchange information necessary for the implementation of this Agreement and the domestic laws of the States Parties on taxes covered by this Agreement, to the extent that taxation is compatible with this Agreement, and for the prevention of tax evasion or avoidance with respect to taxes covered by this Agreement. The information thus exchanged shall be kept secret and shall not be disclosed to any person or authority other than those involved in the determination or collection of the taxes covered by this Agreement. 2. The competent authority referred to in paragraph 1 of this Article shall endeavour to resolve the matter by mutual agreement with the competent authority of the other Contracting State if it considers that the objection is justified and if it is unable to find an appropriate solution itself in order to be able to guide what is not in conformity with this Agreement. 7.

An enterprise of a Contracting State shall not be considered to be an enterprise having a permanent establishment in the other Contracting State merely because it operates in that other State through a broker, commissioner general or other independent agent if such persons act in the ordinary course of business and their activities are not exclusively or almost exclusively devoted to the business of that enterprise. “I think those of us who warned 35 years ago that one of the consequences of this would be, `Those who have the most would end up paying the least and those who have the least would end up paying the most` – we were right. Canadian academics, auditors and politicians have all warned that some of these contracts have essentially done nothing but provide Canadian companies with legal ways to shift their profits abroad to financially accommodating jurisdictions where they can pay less corporate taxes. The seeds of Canadian companies hiding billions of dollars in foreign tax havens were sown more than 40 years ago after the Canadian government concluded a series of tax treaties with tiny countries in the Caribbean and Europe. 6. Paragraphs 2 and 3 shall not apply where the beneficial owner of the dividend resident in a Contracting State of the other Contracting State in which the company paying the dividends is resident carries on a business or enterprise through a permanent establishment situated therein and the holding on the basis of which the dividends are paid is effectively linked to that permanent establishment. In this case, Article VII shall apply. Farber, now a tax advisor at the law firm Norton Rose Fulbright, said the benefit of a tax treaty between Canada and another country is to offer tax-exempt treatment for business income earned in that country. If “the income is repatriated to Canada,” it will no longer be taxed, he said. Not all bureaucrats or politicians thought that tax treaties with tax havens or financially accommodating countries were a good idea.

Tax havens are jurisdictions, usually countries, where tax rates are close to zero and where there is a high level of banking and financial secrecy that is attractive to foreign customers. and in both cases, conditions are imposed or imposed between the two enterprises in their commercial or financial relations which are different from those which would be made between independent enterprises, and then all profits which would have been made to one of the enterprises without those conditions but which did not arise as a result of those conditions; may be included in the profits of that company and taxed accordingly. This is not how Deneault describes what happened. Instead, he says, Canadian companies use Barbados as a starting point for other tax havens. 1. Without prejudice to Articles VII, XV and XVI, income from artists such as theatre, film, radio or television artists and musicians, as well as athletes from their personal activity, may as such be taxed in the Contracting State in which those activities are carried on. .

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