- 69 - The contemporaneous Technical Explanation of the Treaty prepared by the Treasury Department and submitted to the Senate Foreign Relations Committee for its consideration prior to ratification is consistent with my interpretation of the Treaty. The Technical Explanation states in pertinent part: Paragraph 7 provides a definition for the term "attributable to." Profits "attributable to" a permanent establishment are those derived from the assets or activities of the permanent establishment. Paragraph 7 does not preclude Canada or the United States from using appropriate domestic tax law rules of attribution. * * * [U.S. Dept. of the Treasury, Technical Explanation of Convention With Respect to Taxes on Income and on Capital, Sept. 26, 1980, U.S.- Can., as amended, at 13 (Apr. 26, 1995) (emphasis added.)2] Provisions substantially similar to section 842(b) were already in the Code at the time the Canadian Treaty was signed and ratified. Under the regime of section 813, which was in effect in 1984 when the Treaty was ratified and became effective, a foreign life insurance company's income that was effectively connected with 2The majority narrowly reads the Technical Explanation's use of domestic tax law rules of attribution as being limited to paragraph 7 of article VII of the Treaty. See majority op. p. 36. However, paragraph 7 of article VII of the Treaty itself applies to the entire Convention: 7. For the purposes of the Convention, the business profits attributable to a permanent establishment shall include only those profits derived from the assets or activities of the permanent establishment. [Emphasis added.]Page: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
Last modified: May 25, 2011