Canada: Canada signs tax treaty with Hong Kong

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Canada: Canada signs tax treaty with Hong Kong

bailey.jpg

spiro.jpg

Bryan Bailey


Andrew Spiro

On November 11 2012, a new tax treaty was signed between Canada and Hong Kong. While the treaty will likely be welcomed as a platform for Chinese investment into Canada, there are some important differences between the treaty and some of Canada's other tax treaties. The treaty will provide for reduced Canadian withholding rates on dividends, non-participating interest and royalties paid to a resident of Hong Kong. Unlike many Canadian treaties however, the treaty does not exempt patent or know-how royalties from Canadian withholding tax, nor does it reduce withholding rates on trust distributions.

The reduced withholding rates on dividends, interest and royalties are subject to specific anti-avoidance rules that deny treaty benefits if one of the main purposes of the structure through which such payments are made is to obtain the benefits of the treaty. This provision is generally not found in Canada's other tax treaties, and may be a response to Canadian courts' refusal in recent treaty-shopping decisions to find that a recipient of a payment was not the beneficial owner for treaty purposes.

The treaty permits Canada to tax gains realised by a resident of Hong Kong on a disposition of shares of Canadian corporations only where such shares derive more than 50% of their value from Canadian immovable property. Unlike many of Canada's European treaties, there is no requirement that the seller own a substantial interest in the corporation, nor is there an exclusion for property in which the corporation's business is carried on.

The treaty will enter into force when ratified by both Canada and Hong Kong. The treaty will apply for Canadian withholding tax purposes to payments made, and for other Canadian tax purposes to taxation years that begin, on or after January 1 of the year following ratification.

Bryan Bailey (bryan.bailey@blakes.com)

Tel: +1 416 863 2297

Andrew Spiro (andrew.spiro@blakes)

Tel: +1 416 863 3165

Blake, Cassels & Graydon

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

A new focus on early intervention and increased AI use is transforming how tax authorities are approaching TP audits, though capacity-constrained jurisdictions risk falling behind
The French administration has used AI to detect undeclared swimming pools and verandas but always includes a human in the loop, the AI in Tax Forum heard
The UK tax authority’s deputy director of large business also reassured taxpayers that HMRC will not ‘nitpick’ returns
Sucafina’s tax chief was speaking at the ITR Pillar 2 Forum in London alongside experts from HMRC and other organisations
India’s Supreme Court rattled cross‑border structuring with its Tiger Global ruling. Subsequent rule changes narrowed the impact, but significant risks around GAAR, substance and treaty access persist
The UK-based big four spin-off firm has hired Marc Lien, who declared that most AI in professional services today is ‘cosmetic’
Projected revenue losses and exemption requests are harming the project’s capability and viability
HMRC secured lengthy prison sentences in a major payroll VAT fraud case, while law firms announced tax promotions and hires
Significant changes include an update to profit markers and an alteration to how an ‘inbound distributor’ is defined
ITR sat down for a pre-event interview with Tim Zech, WTS Germany, and Jeff Soar, WTS UK, keynote speaker at next week’s ITR AI in Tax Forum 2026 in London
Gift this article