Canada: Limitation on the Elimination of Double Taxation Under the Canada-Brazil Income Tax Treaty

Tax Treaty Case Law Around the Globe 2017 (Forthcoming)

13 Pages Posted: 26 Jul 2017

See all articles by David G. Duff

David G. Duff

Peter A. Allard School of Law, University of British Columbia

Date Written: July 10, 2017

Abstract

This short comment reviews the Tax Court of Canada decision in Société générale valeurs mobilieres inc. v. The Queen, addressing the interpretation of the elimination of double taxation article in the Canada-Brazil Income Tax Treaty. The comment argues that the Court rightly rejected the taxpayer’s argument that treaty relief should extend to Canadian tax otherwise payable on gross interest income without taking into account any expenses incurred to earn this income, accepting the revenue department’s argument that treaty relief was limited to Canadian tax otherwise payable on net interest income earned in Brazil.

Keywords: International Tax, Tax Treaties, Elimination of Double Taxation

Suggested Citation

Duff, David G., Canada: Limitation on the Elimination of Double Taxation Under the Canada-Brazil Income Tax Treaty (July 10, 2017). Tax Treaty Case Law Around the Globe 2017 (Forthcoming). Available at SSRN: https://ssrn.com/abstract=3002169

David G. Duff (Contact Author)

Peter A. Allard School of Law, University of British Columbia ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
1-604-827-3586 (Phone)
604-833-8108 (Fax)

HOME PAGE: http://www.allard.ubc.ca/faculty-staff/david-g-duff

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