Imágenes de páginas
PDF
EPUB

When an enterprise of one of the contracting States carries on business in the other contracting State through an employee or agent established there, who has general authority to contract for his employer or principal or has a stock of merchandise from which he regularly fills orders which he receives, such enterprise shall be deemed to have a permanent establishment in the latter State.

The fact that an enterprise of one of the contracting States has business dealings in the other contracting State through a commission agent, broker or other independent agent or maintains therein an office used solely for the purchase of merchandise shall not be held to mean that such enterprise has a permanent establishment in the latter State.

“Minister,” “Commissioner, "competent authority."

“United States of America."

"Canada."

“Subsidiary corporation."

4. The term "Minister", as used in this Convention, means the Minister of National Revenue of Canada or his duly authorized representative. The term "Commissioner", as used in this Convention, means the Commissioner of Internal Revenue of the United States of America, or his duly authorized representative. The term "competent authority”, as used in this Convention, means the Commissioner and the Minister and their duly authorized representatives.

5. The term “United States of America”, when used in a geographical sense, includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia. The term "Canada" when

“ used in a geographical sense means the Provinces, the Territories and Sable Island.

6. The term "subsidiary corporation” referred to in Article XI of this Convention means a corporation all of whose shares (less directors' qualifying shares) having full voting rights are beneficially owned by another corporation, provided that ordinarily not more than onequarter of the gross income of such subsidiary corporation is derived from interest and dividends other than interest and dividends received from its subsidiary corporations.

7. (a) The term "rentals and royalties” referred to in Article II of this Convention shall include rentals or royalties arising from leasing real or immovable, or personal or movable property or from any interest in such property, including rentals or royalties for the use of, or for the privilege of using, patents, copyrights, secret processes and formulae, goodwill, trade marks, trade brands, franchises and other like property;

(b) the term "interest”, as used in this Convention, shall include income arising from interest-bearing securities, public obligations, mortgages, hypothecs, corporate bonds, loans, deposits and current accounts;

(c) the term "dividends", as used in this Convention, shall include all distributions of the earnings or profits of corporations.

8. The term “pensions” referred to in Article VI of this Convention means periodic payments made in consideration for services rendered or by way of compensation for injuries received.

[blocks in formation]
[ocr errors]

"Interest."

"Dividends."

"Pensions."

"Life annuities."

9. The term "life annuities" referred to in Article VI of this convention means a stated sum payable periodically at stated times, during life, or during a specified number of years, under an obligation to make the payments in consideration of a gross sum or sums paid by the recipient or under a contributory retirement plan.

a 10. The terms "engaged in trade or business” and “office or place "Engaged in trade

or business," "office or of business” as used in Article XI of this Convention shall not be place of business. deemed to include an office used solely for the purchase of merchandise.

11. The provisions of the present Convention shall not be construed Exemptions, etc. to restrict in any manner any exemption, deduction, credit or other allowance accorded by the laws of one of the contracting States in the

mination of the tax imposed by such State. 12. The citizens of one of the contracting States residing within the

other State, restricother contracting State shall not be subjected to the payment of more tion. burdensome taxes than the citizens of such other State.

Taxes on citizens of

.

Done in duplicate, at Washington, this fourth day of March, 1942.

(SEAL) SUMNER WELLES
(SEAL) LEIGHTON MCCARTHY

changed.

AND WHEREAS the said convention and the said protocol have been

duly ratified on both parts and the ratifications of the two GovernRatifications er ments were exchanged at Washington on the fifteenth day of June,

one thousand nine hundred and forty-two.

AND WHEREAS it is provided in Article XXII of the said convention that the convention and protocol shall become effective on the first day of January, one thousand nine hundred and forty-one;

Now, THEREFORE, be it known that I, Franklin D. Roosevelt, President of the United States of America, have caused the said convention and the said protocol to be made public to the end that the same and every article, clause and part thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof.

IN TESTIMONY WHEREOF, I have hereunder set my hand and caused the Seal of the United States of America to be affixed. DONE at the city of Washington this seventeenth day of June, in

the year of our Lord one thousand nine hundred and forty(SEAL] two, and of the Independence of the United States of America the one-hundred and sixty-sixth.

FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL

Secretary of State

INTERNATIONAL AGREEMENTS

OTHER THAN TREATIES

« AnteriorContinuar »