Search - convention

LLC-- summary under Article 26 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 26 no relief under Art. 26(1) of US Treaty re LLC with U.S. ... XXVI(1) of the Convention, on the basis that, from the U.S. perspective, the member is double-taxed on the same U.S. source income? ...

19 June 2002 External T.I. 2000-0020525 F- Article 19 Canada- France Tax Treaty-- summary under Article 19 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 19 question of whether French payer was a governmental instrumentality referred to group which could engage in competent authority matters Regarding whether salary paid to the correspondent was taxable only in France by virtue of Art. 19 of the Canada-France Convention, CCRA noted that it had been informed by the French tax authorities that in their view the payer was an "instrumentality of France" which did not carry on a trade or business, and then indicated that it had transferred the file to the International Legislative Affairs Group of the Legislative Policy Division- a group is responsible for determining the meaning of "instrumentality" in situations where Canada may not agree with the foreign government's position and for resolving such interpretative base disagreements, if any, as a member of the competent authority through Mutual Agreement Procedures. ...

6 July 2012 Internal T.I. 2012-0440741I7- stock option benefit derived by US resident-- summary under Article 15 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 15 U.S. subs qualifies as payer of (therefore exempt) stock option benefit/domestic v. Treaty method USCo, which is a qualifying person for purposes of the Canada-US Income Tax Convention and is a wholly-owned subsidiary of a Canadian public company, employed a US-resident individual who performed employment duties for USCo in Canada for 55, 100 and 75 days in 2009, 2010 and 2011, respectively. ... Before considering the effect of the exemption in para. 2 of Article XV of the Canada-US Convention, CRA noted that under the methodology in Annex B to the Fifth Protocol, the stock benefit realized in 2010 would be apportioned to Canada based on the relative number of working days in Canada over the two-year period between the grant and exercise of the options. ...

3 October 2014 External T.I. 2013-0509751E5- RRSP or RRIF payments to a resident of New Zealand-- summary under Article 18 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 18 meaning of periodic pension payment in NZ Treaty How is the tax treatment of RRSP payments (either periodic or in a lump-sum) or RRIF payments made to non-residents in New Zealand affected by the new Canada-New Zealand Treaty? CRA stated: It should be noted that under the definition of "periodic pension payment" in section 5 of the [Income Tax Conventions Interpretation Act], neither a payment from an RRSP before maturity or in full or partial commutation of the retirement income under an RRSP (such as a a fixed or single lump-sum payment from your RRSP annuity that is equal to the current value of all or part of your future annuity payments from the plan), or a payment from a RRIF that exceeds either twice the minimum payment or the 10% threshold, is considered to be a "periodic pension payment". ...

28 November 2010 CTF Roundtable Q. 9, 2010-0387091C6- Late filing of T1 returns-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 Suppose a US-resident taxpayer provides services in Canada for 130 days between 1 October to 28 February, does not anticipate providing further services in Canada, and obtains regulation 105 waivers for services provided in that period. ... V(9)(a) of the Canada-US Convention retroactively to impute a permanent establishment. ...

23 January 2015 External T.I. 2013-0509771E5- Oil & gas payments made to U.S. resident-- summary under Article 6 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 6 negative CCDE gain from grant of oil and gas royalty not exempt under US Treaty Mr. ... Treaty and in the Income Tax Conventions Interpretation Act, and stated: Therefore, if Mr. ...

29 August 1995 External T.I. 9506785- PROPERTY...IN WHICH BUSINESS OF CO CARRIED ON-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 exclusion from immovable property for property in which business is carried on requires active and regular involvement "Property... in which Business of Co. Carried on"): Respecting the exclusion in Article XIII, paragraph 4 of the Canada-Netherlands Convention for property (other than rental property) in which the business of the company is carried on, RC stated that in its view "Oil & Gas reserves and royalty interests will be excluded from the definition of immovable property... if the owner is actively engaged in the exploitation of natural resources and if such assets are actively exploited or kept for future exploitation by such owner.... ...

12 September 2019 External T.I. 2017-0732681E5- Payment of pension surplus to US resident beneficiary-- summary under Periodic Pension Payment Summary Under Tax Topics- Other Legislation/Constitution- Federal- Income Tax Conventions Interpretation Act- Section 5- Periodic Pension Payment winding-up IPP payment or commutation or minimum amount payments are not periodic The U.S. ... CRA rejected the taxpayer submission that the IPP winding-up distribution was “simply an extension of the periodic guarantee payments,” and found that, since it was a lump sum payment as referenced in the definition of “periodic pension payment” in s. 5 of the Income Tax Conventions Interpretation Act, it was subject to withholding at 25%. ...

20 February 2003 External T.I. 2002-0143605- Deductions-US Citizens resident in Canada-- summary under Article 24 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 24 no 20(12) deduction when Art. ... As a result, the foreign tax credit provided is limited to the lesser of the tax allowed by the Tax Convention and the tax levied by the United States on non-citizens. … Since paragraph 5 of Article XXIV does not contemplate Canada providing tax relief other than that discussed above, it is our view that a subsection 20(12) deduction cannot be taken where paragraph 5 of Article XXIV applies. ...

7 May 2004 IFA Roundtable Q. 1, 2004-0072131C6- IFA Round Table 2004 Q.1- 212(13.1)(a)-- summary under Article 11 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 11 In the context of a "tower" structure, a partnership of which two taxable Canadian corporations are the partners borrows money from a U.S. financial institution in order to acquire an interest in a U.S. limited liability company. ... Convention would apply to deem the interest to arise in Canada and that generally the second sentence of para. 6 of Article XI would not apply to re-source such interest to the U.S. unless the CRA was convinced that (i) investing in the interest in a wholly-owned subsidiary (i.e., the LLC in this case) of the partnership constituted a business carried on by it through a permanent establishment in the U.S. ...