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Treaty-- summary under Article 22 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 22 where Canco receives a guarantee (in respect of a loan made to Canco by a third party or Canco's indirect Canadian parent) for no consideration from a US sister company, the resulting interest payment imputed to be made by Canco under ss. 247(2) and 214(15)(a) will be exempted under Art. ... XI(1) of the Canada-US Income Tax Convention given that the former "was intended to deal with guarantee fees over the other Articles in the Treaty. ...

6 July 2012 Internal T.I. 2012-0453461I7 F- rental losses Canada-France Treaty-- summary under Article 24 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 24 s. 126(1) FTC re French income tax on rental income Respecting a French rental property (the "Immovable") of the Canadian-resident individual taxpayer, CRA stated: [B]y virtue of Article XXIII of the Convention, Canada will grant a credit for the tax paid in France on the rental income generated by those immovables in order to avoid double taxation. ...

CRA indicated that such a trip is not a "convention" under s. 20(10). As per para. 11 of IT-131R2, CRA does not consider intra-company meetings, seminars, courses, etc. to be conventions from the employees' perspective. ...

24 September 2014 External T.I. 2014-0543071E5 F- Article XIII of the Canada-France Treaty-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 taxation by Canada and France of gain from immovable An individual resident in Canada, who held the bare ownership of French immovable property, disposed of the property at a gain. ... XIII, para. 1(a) of the France-Canada Convention to tax the gain, which did not trench on the right of Canada to also tax the gain under ITA.s 2(1), although on the satisfaction of certain conditions, a foreign tax credit would be available. ...

20 March 2015 External T.I. 2014-0534301E5- Canadian Withholding Tax on Retiring Allowance-- summary under Article 15 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 15 retiring allowance paid to French individual for loss of non-resident employment A lump sum payment in compensation for a loss of employment at a French subsidiary is made by Canco to a non-resident of Canada who had been seconded to the subsidiary. CRA found that although s. 212(1)(j.1) would apply to this payment, it would be exempt under Art. 15 of Canada-France Convention, as not being in respect of employment exercised in Canada, or Art. 21 as not being derived from sources in Canada. ...

20 March 2015 External T.I. 2014-0534301E5- Canadian Withholding Tax on Retiring Allowance-- summary under Article 22 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 22 retiring allowance paid to French individual for loss of non-resident employment A lump sum payment in compensation for a loss of employment at a French subsidiary is made by Canco to a non-resident of Canada who had been seconded to the subsidiary. CRA found that although s. 212(1)(j.1) would apply to this payment, it would be exempt under Art. 15 of Canada-France Convention, as not being in respect of employment exercised in Canada, or Art. 21 as not being derived from sources in Canada. ...

19 April 2012 Internal T.I. 2012-0436221I7- LLCs and ULCs and Treaty benefits-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 LLC itself claims benefits for US members Where the members of a fiscally transparent LLC are entitled to Treaty benefits in accordance with Art. XXIX-A of the Canada-US Income Tax Convention, then the effect of Art. ...

3 May 2005 Internal T.I. 2005-0120021I7 F- Pension de retraite provenant de la France-- summary under Article 18 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 18 pension exemption under French Treaty continues to apply in the hands of surviving spouse The Directorate indicated that the exemption under Art. XVIII(1) of the Canada-France Convention for “[p]eriodic or non-periodic pensions … arising in [France] and paid in respect of past employment to a resident of [Canada]” applied to the surviving spouse of an individual (also, a Canadian resident) who had become entitled to the pension by virtue of previous employment in France. ...

15 March 2006 External T.I. 2005-0124911E5 F- Prestation compensatoire française-- summary under Article 21 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 21 non-taxability of lump sum compensation allowance under French law not altered by Art. 21 CRA found that a lump sum paid in two instalments paid as a “compensatory allowance” under French law by a French-resident ex-spouse of the Canadian-resident taxpayer was not includible in her income as a “support amount,” as defined in ITA s. 56.1(4). CRA found that this result was not altered by other-income Article (Art. 21) of the Canada-France Convention. ...

2 December 1993 Income Tax Severed Letter 9333306- Non-resident Exercised a Stock Option-- summary under Article 15 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 15 Where a U.S. resident exercises employee stock options issued to him by a U.S. public company while he was employed in Canada by a Canadian subsidiary, the resulting benefit will not be considered to be borne by the Canadian subsidiary for purposes of the Canada-U.S. Convention irrespective whether the U.S. company charges the Canadian company in respect of the stock option benefit. ...