- 6 - into force on August 16, 1984. Article XXIV of the U.S.-Canada treaty generally prohibits double taxation by the United States and Canada, where one country has a right to tax income as the country of source and the other country may tax on the basis of residence. The U.S. foreign tax credit allowed by the treaty applies to certain taxes imposed by Canada with respect to income from Canadian sources. Paragraph 1 of Article XXIV provides the general rule as follows:6 In the case of the United States, subject to the provisions of paragraphs 4, 5, and 6, double taxation shall be avoided as follows: In accordance with the provisions and subject to the limitations of the law of the United States (as it may be amended from time to time without changing the general principle hereof), the United States shall allow to a citizen or resident of the United States, or to a company electing to be treated as a domestic corporation, as a credit against the United States tax on income the appropriate amount of income tax paid or accrued to Canada * * * [U.S.- Canada treaty, art. XXIV, par. 1.] Paragraph 4 of Article XXIV provides the following rule applicable to U.S. Citizens who are residents in Canada: 4. Where a United States citizen is a resident of Canada, the following rules shall apply: (a) Canada shall allow a deduction from the Canadian tax in respect of income tax paid or accrued 5(...continued) Protocol). 6 This portion of art. XXIV, par. 1, as cited herein, was not amended by the First or Second Protocol. Under the First Protocol, we note that the only change to paragraph 1 was the deletion of the last sentence defining “appropriate amount”. The Second Protocol made no amendments to art. XXIV.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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