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

Authors

David G. Duff, Allard School of Law at the University of British ColumbiaFollow

Faculty Author Type

Current Faculty [David Duff]

Document Type

Working Paper

Publication Date

2017

Subjects

International Tax, Tax Treaties, Elimination of Double Taxation

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.

Citation Details

David G Duff, "Canada: Limitation on the Elimination of Double Taxation Under the Canada-Brazil Income Tax Treaty" in Tax Treaty Case Law Around the Globe 2017 [forthcoming in 2017].