CRA finds that Canadian royalties received exempt of U.K. tax by a non-domiciled U.K. resident were ineligible for Treaty-reduced rate
A former Canadian author, who now was resident but not domiciled in the UK, was not subject to UK tax on royalties he received from a Canadian publisher because the royalties were not remitted to the UK. Art. 27(2) of the Canada-UK Convention effectively provides that where under the Convention “any income is relieved from tax in” Canada and that income is subject to tax in the UK only on a remittance basis, then “relief to be allowed under this Convention in [Canada] shall apply only to so much of the income as is taxed in” the UK.
CRA interpreted these words as indicating that the royalties that he thus received free of UK income tax were subject to Canadian withholding tax at 25% rather than the Treaty-reduced rate of 10%. CRA was not asked what would happen if that income was then taxed in the UK as a result of its subsequent remittance to the UK.
Neal Armstrong. Summary of 1 June 2018 External T.I. 2017-0723051E5 under Treaties – Income Tax Conventions – Art. 29.