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

Advisers who do not register for the new regime in time could be prevented from interacting with HMRC, the tax authority said
Valid pillar two objectives are still intact after the side-by-side agreement, but whether the framework is now settled is ‘a $64,000 question’, Morrison Foerster’s tax chair told ITR
Ian Halligan previously led Baker Tilly’s international tax services in the US
Exclusive ITR data emphasises that DEI does not affect in-house buying decisions – and it’s nothing to do with the US president
The firms made senior hires in Los Angeles and Cleveland respectively; in other news, South Korea reported an 11% rise in tax income, fuelled by a corporation tax boom
The ‘deeply flawed’ report is attempting to derail UN tax convention debates, the Tax Justice Network’s CEO said
Salim Rahim, a TP specialist, had been a partner at Baker McKenzie since 2010
While the manual should be consulted for any questions around MAPs, the OECD’s Sriram Govind also emphasised that the guidance is ‘not a political commitment’
The landmark Indian Supreme Court judgment redefines GAAR, JAAR and treaty safeguards, rejects protections for indirect transfers and tightens conditions for Mauritius‑based investors claiming DTAA relief
The expansion introduces ‘business-level digital capabilities’ for tax professionals, the US tax agency said
Gift this article