- 1 Where a person in a Contracting State and a person in the other Contracting State are related and where the arrangements between them differ from those which would be made between unrelated persons, each State may adjust the amount of the income, loss or tax payable to reflect the income, deductions, credits or allowances which would, but for those arrangements, have been taken into account in computing such income, loss or tax.
- 2 For the purposes of this Article, a person shall be deemed to be related to another person if either person participates directly or indirectly in the management or control of the other, or if any third person or persons participate directly or indirectly in the management or control of both.
- 3 Where an adjustment is made or to be made by a Contracting State in accordance with paragraph 1, the other Contracting State shall (notwithstanding any time or procedural limitations in the domestic law of that other State) make a corresponding adjustment to the income, loss or tax of the related person in that other State if:
- (a) It agrees with the first-mentioned adjustment; and
- (b) Within six years from the end of the taxable year to which the first-mentioned adjustment relates, the competent authority of the other State has been notified of the first-mentioned adjustment.
- 4 In the event that the notification referred to in paragraph 3 is not given within the time period referred to therein, and if the person to whom the first-mentioned adjustment relates has not received, at least six months prior to the expiration of such time period, notification of such adjustment from the Contracting State which has made or is to make such adjustment that State shall, notwithstanding the provisions of paragraph 1, not make the first-mentioned adjustment to the extent that such adjustment would give rise to double taxation.
- 5 The provisions of paragraphs 3 and 4 shall not apply in the case of fraud, willful default or neglect or gross negligence.
Citation to select or copy
Canada / United States; Canada–United States Tax Convention Act, 1984, S.C. 1984, c.20, Schedule I; edition Schedule I to S.C. 1984, c.20; base convention and printed annexes, not an amendment consolidation; article ix; English; unreviewed source text, current applicability unverified; /editions/ca-us-1980-convention-canadian-schedule-i/en/articles/article-ix/
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Source & edition
Canada–United States Tax Convention Act, 1984, S.C. 1984, c.20, Schedule I
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Schedule I to S.C. 1984, c.20; base convention and printed annexes, not an amendment consolidation
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