AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |
Back to Blog
Pdf suite 20154/12/2023 ![]() The Canada-US tax treaty includes a Service PE clause which states that the source state may tax income earned by a resident of the other state from providing services in the source state if the resident of the other state is present 183 days or more in the source state in any twelve-month period. In this case, a US corporation provided project management services related to the construction industry in Canada between March 2015 and March 2016 (more precisely, 198 days in 2015 and 54 days in 2016). the Queen (pdf) dealing with the definition of Service PE in the Canada-United States (US) tax treaty. On 13 June 2022, the Tax Court of Canada issued its decision in the case Triskelion Projects International Inc. v. PE case law Canada: Service PE for activities spanned in separate years With respect to the notified CTAs, the provisions of the MLI will have effect 30 days after the date of the latest notification to the Depositary under Article 35(7)(b). With respect to the PE provisions of the MLI, Estonia chose not to apply any of the PE provisions to its CTAs and Spain has adopted all of the PE provisions. Thus, Spain also included in the notification the completion of internal procedures for the entry into effect of the provisions of Part VI of some CTAs. When Spain deposited its instrument of ratification of the MLI, it opted in for Part VI (Arbitration) of the MLI. Estonia notified 14 CTAs and Spain notified 50 CTAs. On 1 June 2022, Estonia (pdf) and Spain (pdf) notified the OECD Depositary of the Multilateral Instrument (MLI) that they completed their internal procedures for the entry into effect of the MLI provisions with respect to specific Covered Tax Agreements (CTAs), which is required when a Contracting Jurisdiction has made the reservation in Article 35(7)(a) of the MLI. ![]() BEPS Multilateral Instrument: Estonia and Spain notify completion of domestic procedures for certain Covered Tax Agreements Instead, they follow other approaches, including the force of attraction approach.Ĭurrently, the TP country profiles cover 73 jurisdictions, and the OECD expects to release additional updates as changes in legislation or practice are submitted to the OECD Secretariat. According to the information provided in this update, Egypt, Liberia, Saudi Arabia, and Sri Lanka do not follow the AOA for the attribution of profits to a PE. ![]() The TP country profiles include two questions in relation to Permanent Establishment (PE), namely: (i) whether the jurisdiction follows the Authorized OECD Approach (AOA) for the attribution of profits to a PE and (ii) whether the jurisdiction follows another approach for the attribution of profits to a PE. On 9 June 2022, the Organisation for Economic Co-operation and Development (OECD) published updated transfer pricing (TP) country profiles reflecting the current TP legislation and practices of Egypt, Liberia, Saudi Arabia, and Sri Lanka. OECD Update of transfer pricing country profiles
0 Comments
Read More
Leave a Reply. |