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Treaty detail

Australia - Canada tax treaty

A practical treaty page built around the official treaty text, key withholding categories, permanent-establishment rules, and article-level summaries.

Signed

1980-05-21

Effective

1981-10-29

Articles seeded

6

Withholding snapshot

Dividends

Individual rate: 15% · Corporate rate: 5%

The lower 5 percent corporate rate generally depends on direct-ownership thresholds under the 2002 protocol. Australian franking-credit attribution may apply independently of the treaty for Australian-source dividends.

Interest

Rate: 10%

The 10 percent ceiling can be reduced for qualifying government, central-bank, and certain financial-institution interest under the article.

Royalties

Rate: 10%

Royalties generally face a 10 percent ceiling under the treaty across the core categories.

Permanent establishment

Construction threshold: more than 12 months

Dependent-agent analysis follows the treaty wording as amended by the 2002 protocol.

Other treaty flags

Pensions: split
Protocols: 2002-01-23
Exchange of information: Yes
Student article: Yes
Teacher article: No

Pension treatment is article-specific. The treaty includes detailed pension and government-service provisions.

Seeded article summaries

Article 4

Residence

Defines treaty residence and provides tie-breaker tests as amended.

Article 4 has been refined by protocol. Residence analysis interacts with Australia's domestic 'central management and control' test and Canada's mind-and-management approach.

Article 5

Permanent Establishment

Sets the business-presence threshold including construction and offshore-resource rules.

The treaty includes a 12-month construction-site threshold and provides specific rules for offshore-resource activities relevant to both jurisdictions.

Article 7

Business Profits

Generally reserves business profits to the residence state in the absence of a PE.

Article 7 has been refined by protocol to align with OECD-aligned profit-attribution principles.

Article 10

Dividends

Caps source-country dividend withholding at treaty ceilings.

Article 10 produces the 15 percent portfolio rate and the lower 5 percent direct-investment rate after the 2002 protocol. Australian franking-credit attribution rules may apply independently.

Article 11

Interest

Limits source-country withholding on interest at a 10 percent ceiling with carve-outs.

Article 11 produces a 10 percent ceiling but allows zero treatment for qualifying government, central-bank, and certain financial-institution interest.

Article 12

Royalties

Caps royalties at a 10 percent ceiling across major categories.

Article 12 limits source-country royalty withholding to 10 percent. Article-by-article review is still required for category classification.

Official text

Other treaties involving these jurisdictions

Computed from the cross-reference graph. Links open the related entity on this site.

Primary sources

Important disclaimer

This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.