- 7 - the two are inconsistent, the one last in date will control the other, provided always the stipulation of the treaty on the subject is self- executing. * * * The U.S.-Canada treaty, as amended by the First and Second Protocols, entered into force on August 16, 1984. Paragraph 1 of article XXIV provides the general rule as follows: 1. 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 * * * 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 to the United States in respect of profits, income or gains which arise (within the meaning of paragraph 3) in the United States, except that such deduction need not exceed the amount of the tax that would be paid to the United States if the resident were not a United States citizen; andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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