The North West Life Assurance Company of Canada - Page 35

                                               - 35 -                                                  

            paragraph (2) is correct.  The extrinsic evidence and the Model                            
            Treaty and Commentaries, on which the Canadian Convention is                               
            based in part, support that construction.  The Senate's                                    
            preratification materials to the Convention do not ascribe a                               
            different meaning to the separate-entity language of Article VII,                          
            paragraph (2).  See S. Exec. Rept. 98-22, 20 (1984).  Moreover,                            
            it is consistent with the approach historically taken by the                               
            United States and Canada.  Art. III(1) of the Convention on                                
            Double Taxation, Mar. 4, 1942, U.S.-Can., T.S. No. 983, 56 Stat.                           
            1399.11                                                                                    
                  While the Treasury's interpretation, set forth in the                                
            Technical Explanation, is particularly persuasive in light of the                          
            fact that the Canadian Department of Finance has generally                                 
            accepted the Technical Explanation as an accurate portrayal of                             
            the understandings and context in which the Convention was                                 
            negotiated, see ALI Project, 18 (1992); Canadian Department of                             
            Finance, Rel. No. 81-6 (Feb. 4, 1981), we think that respondent                            

            11Art. III(1) in the second income tax convention with                                     
            Canada signed in 1942 provided in pertinent part:                                          
                        1.  If an enterprise of one of the contracting                                 
                  States has a permanent establishment in the other                                    
                  State, there shall be attributed to such permanent                                   
                  establishment the net industrial and commercial profit                               
                  which it might be expected to derive if it were an                                   
                  independent enterprise engaged in the same or similar                                
                  activities under the same or similar conditions.  Such                               
                  net profit will, in principle, be determined on the                                  
                  basis of the separate accounts pertaining to such                                    
                  establishment. * * *                                                                 




Page:  Previous  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  Next

Last modified: May 25, 2011