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Business Profits

Generally, Article VII provides that the business profits of a person resident in one Contracting State should not be taxable in the other Contracting State unless the particular person carries or has carried on a business through a permanent establishment situated in the source State.

The attribution of profits to a permanent establishment should be based on the assumption that the particular permanent establishment is a fictitious distinct and separate person (i) engaged in the same or similar activities under the similar conditions; and (ii) dealing at arm’s length with its home office in the Residence State and other related persons.

Business Profits | Tax Consultant | Toronto | Tax Advisor

Article VII also imports the transfer pricing principles into the allocation of expenses and other deductions incurred by or for the purposes of a permanent establishment.

The business profits of a permanent establishment that are subject to tax in the source State should be computed and reported in accordance with the laws of the source State.

Where a person resident in the Residence State derives income from the source State, but the income is not derived through a permanent establishment in the source State, the person should consider whether the income is of a type that is dealt with under another provision of the Treaty

 

References:
Advisor’s Guide to Canada – U.S. Tax Treaty
By:  Vitaly Timokhov, Raymond Montero, David Kerzner
Published by: Thomson Carswell