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Where Taxpayers and Advisers Meet

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by Michael I. Atlas, CA
Thu Jul 14, 2011 9:19 pm
Forum: International Tax
Topic: Mexico Witholding Tax
Replies: 6
Views: 1281

Re: Mexico Witholding Tax

Thanks Maths- I am not sure where you are getting the Mexican p/e from? If we assume that the charge is from a UK parent to a Mexican sub, then the recipient (i.e. the parent) would not have a Mexican p/e. Having a subsidiary in Mexico would not normally consistute a p/e in Mexico of the parent, so ...
by Michael I. Atlas, CA
Thu Jul 14, 2011 4:27 pm
Forum: International Tax
Topic: Mexico Witholding Tax
Replies: 6
Views: 1281

Re: Mexico Witholding Tax

Sorry, Maths, but I do not understand that comment -normally "management fees" would be considered to be governed by the Business Profits article of a tax treaty where that source of income is not specificaly mentioned. So, if the tax treaty does not mention management fees, no tax should be levied ...
by Michael I. Atlas, CA
Tue Jun 07, 2011 10:24 pm
Forum: International Tax
Topic: Inheritance in Canada
Replies: 9
Views: 1698

Re: Inheritance in Canada

In above post, I should have added "after the first year" after "bare trustees for the beneficiaries"
by Michael I. Atlas, CA
Tue Jun 07, 2011 10:21 pm
Forum: International Tax
Topic: Inheritance in Canada
Replies: 9
Views: 1698

Re: Inheritance in Canada

In this particular case, that would be the only difference from a Canadian tax perspective that I can see. However, ultimately, the question was concerned with certain UK tax implications, and to the extent that the answer to those was dependent on that issue and the application of Canadian estate l...
by Michael I. Atlas, CA
Tue Jun 07, 2011 9:08 pm
Forum: International Tax
Topic: Inheritance in Canada
Replies: 9
Views: 1698

Re: Inheritance in Canada

I do not think it is that simple, and the answer can sometime depend on the laws of the particularly province. However, looking at a situation like this where the sole executor is also the sole beneficiary, and more than a year had passed, one could argue that, notwithstanding the fact that the prop...
by Michael I. Atlas, CA
Wed May 18, 2011 3:23 pm
Forum: International Tax
Topic: Italian tax help from the experts
Replies: 5
Views: 1366

Re: Italian tax help from the experts

That is always the case, but isn't it clear that based on the facts presented, the conditions for exemption would NOT be met, since he will be employed in Italy for an Italian company. Article 15 of the relevant treaty, which is the typical treaty article on "Dependent Personal Services" states: (1)...
by Michael I. Atlas, CA
Tue May 17, 2011 5:35 pm
Forum: International Tax
Topic: Italian tax help from the experts
Replies: 5
Views: 1366

Re: Italian tax help from the experts

That may well be, but in spite of his residency in the UK, it is quite likely that he would still be subject to Italian tax on his income from employment in Italy. That would depend on Italian domestic tax law, and likely that the tax treaty between Italy and UK would allow Italy to levy tax on that...
by Michael I. Atlas, CA
Fri May 13, 2011 5:43 pm
Forum: International Tax
Topic: Statutory Residency Test
Replies: 6
Views: 1668

Re: Statutory Residency Test

But you could have what we have in Canada: BOTH Namely, under Canadian tax law, residency is generally based on UK common law residency and ordinarily resident concepts (ties, settled routine of life, etc.). However, ON TOP OF THAT, we also have a rule that DEEMS a person to be resident in Canada fo...
by Michael I. Atlas, CA
Wed May 04, 2011 5:54 pm
Forum: International Tax
Topic: Time limit on reclaiming US withholding tax?
Replies: 2
Views: 1319

Re: Time limit on reclaiming US withholding tax?

Are you sure that is right?

I would not have thought that the UK tax authorities would allow foreign tax credit for US tax which was not really properly payable, does not relate to US source income, and could be recovered from IRS by filing aan appropriate claim for a refund.
by Michael I. Atlas, CA
Thu Apr 14, 2011 9:37 pm
Forum: International Tax
Topic: Tax residency anxiety
Replies: 6
Views: 1469

Re: Tax residency anxiety

Yes, I stand corrected-the tie-breaker rule in our treaty with the UK is different than the norm found in Canada's other tax treaties in that if there is no permanet home available in either country, you jump to the "habitual abode" test, which I think would lead to conclusion that you are UK reside...

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