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Canada - China tax treaty

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

Signed

1986-05-12

Effective

1986-12-29

Articles seeded

6

Withholding snapshot

Dividends

Individual rate: 10% · Corporate rate: 10%

The treaty applies a uniform 10 percent ceiling on dividends. China's domestic dividend-withholding rules continue to apply where treaty conditions are not satisfied.

Interest

Rate: 10%

The treaty applies a 10 percent ceiling on most interest. Certain government, central-bank, and qualifying-institution interest may obtain better treatment under the article.

Royalties

Rate: 10%

Royalties generally face a 10 percent ceiling under the older 1986 treaty, with possible different treatment for industrial-equipment categories.

Permanent establishment

Construction threshold: more than 6 months

Dependent-agent analysis under the older 1986 treaty wording includes specified habitual-conclusion rules.

Other treaty flags

Pensions: residence
Protocols: None seeded
Exchange of information: Yes
Student article: Yes
Teacher article: Yes

Pension treatment is article-specific under the older 1986 treaty.

Seeded article summaries

Article 4

Residence

Defines treaty residence under the 1986 wording.

Article 4 reflects the older 1986 wording. Residence analysis interacts with China's developing rules on Place-of-Effective-Management.

Article 5

Permanent Establishment

Sets the business-presence threshold including service-PE provisions.

The treaty includes a 6-month construction-site threshold and a service-PE rule. Day-counting is important under the article.

Article 7

Business Profits

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

Article 7 is the operating rule for cross-border services. The interplay with the service-PE rule means careful day-counting is required.

Article 10

Dividends

Caps source-country dividend withholding at a uniform 10 percent ceiling.

Article 10 does not differentiate dividend rates by direct-ownership level in the way newer treaties do. The 10 percent ceiling reflects the older 1986 wording.

Article 11

Interest

Limits source-country withholding on qualifying interest to a 10 percent ceiling.

Article 11 reflects the older 1986 ceiling on interest, with carve-outs for government and central-bank interest under the article.

Article 12

Royalties

Caps royalties at a 10 percent ceiling under the older treaty.

Article 12 limits royalties at 10 percent generally. Category classification matters for industrial-equipment royalties under Chinese domestic rules.

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.