- 29 - respondent's position and hence the deference that the Court is able to afford to that interpretation. IV. Article VII of the Canadian Convention Petitioner argues that paragraphs 1, 2, and 7 of article VII of the Canadian Convention require that profits be attributed to its permanent establishment as if the latter were a separate entity distinct from petitioner's head office, with income measured by reference to the permanent establishment's own specific operations. Petitioner goes on to argue that the statute mandates the application of section 842(b) in all instances where there is effectively connected investment income. If the actual income is less than the minimum under the statute, then the provision applies--a result that, in petitioner's opinion, conflicts with article VII, paragraphs (1), (2), and (7), which petitioner interprets to preclude taxing Canadian companies on a fictional amount that is greater than their actual income derived from their business in the United States. Respondent raises various arguments supporting why section 842(b) is consistent with article VII of the Canadian Convention and contends: (1) Section 842(b) is a permissible method of attributing profits to a permanent establishment under article VII; (2) section 842(b) serves as a backstop to section 842(a) and corrects any underreporting by foreign insurance companies of their actual ECNII; and (3) the United States Senate, whichPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011