The territorial scope of the income tax Treaty between Country A and Canada specified that the term “Country A” did not encompass its overseas territory (“Sub-jurisdiction A”), and did not contain a territorial extension Article. However, Country A then entered into a bilateral agreement with Sub-jurisdiction A to the effect that the competent authorities of Country A and Sub-jurisdiction A shall exchange information as is foreseeably relevant for carrying out its obligations under the tax treaties or comprehensive tax information exchange agreements (“TIEAs”) entered into by Country A, as well as affirming Sub-jurisdiction A’s commitments to support Country A’s obligations under any tax treaty or TIEA.
In finding that Sub-jurisdiction A would not be considered a “designated treaty country” under Reg. 5907(11), CRA first noted that such provision clearly provides that a designated treaty country does not include any territory to which the relevant tax treaty or TIEA does not apply, and then stated:
[S]uch [subsequent] agreement will not, by itself, extend the territorial scope of the Canada - Country A tax treaty to Sub-jurisdiction A. The territorial scope of a tax treaty must be determined in accordance with the terms of the treaty and international law. Any provision to be included in or amended for Canada’s tax treaties must be determined on a bilateral basis, by Canada and the other contracting state.