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5 February 2001 External T.I. 2000-0032695 F- Convention fiscale Canada-France-- summary under Clause 212(1)(d)(iii)(C) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(1)- Paragraph 212(1)(d)- Subparagraph 212(1)(d)(iii)- Clause 212(1)(d)(iii)(C) profits based consulting fee paid to French company came within s. 212(1)(d)(iii)(C) A CCPC (“Canco”) agreed to pay a French company (“Franceco”) for its consulting services, aimed at identifying and connecting with potential clients in France, a fixed basic fee, as well as an additional variable fee based on the results obtained. ...

30 November 2000 External T.I. 2000-0002855 F- Emigration disposition réelle convention-- summary under Subparagraph 128.1(4)(b)(iv) Summary Under Tax Topics- Income Tax Act- Section 128.1- Subsection 128.1(4)- Paragraph 128.1(4)(b)- Subparagraph 128.1(4)(b)(iv) application of s. 128.1(4)(b)(iv) exception to US stock market portfolio An individual ceased to be a resident of Canada and became a US resident and, while there, accumulated a US stock market portfolio. ...

30 November 2000 External T.I. 2000-0002855 F- Emigration disposition réelle convention-- summary under Subsection 220(4.5) Summary Under Tax Topics- Income Tax Act- Section 220- Subsection 220(4.5) return of s. 220(4.5) security only when s. 128.1(6) applied CCRA indicated that security posted pursuant to s. 220(4.5) relating to a deemed disposition under s. 128.1(4)(b) would not be returned where, at the time of the disposition of the property, the taxpayer was a U.S. resident under the Canada-US Treaty, and that the departure tax under 128.1(4)(b) as well as the related security would only be cancelled where s. 128.1(6) applied (re a returning former resident). ...

18 May 2011 Internal T.I. 2010-0380391I7 F- Convention entre des co-propriétaires-- summary under Nature of Income Summary Under Tax Topics- Income Tax Act- Section 9- Nature of Income agreement of co-owners to share revenues disproportionately would be recognized if such agreement is binding Two co-owners of a triplex (the “Taxpayers”) agree that the first Taxpayer can live in one of the units free of rent and that the other Taxpayer, whose daughter resides in a second unit, would be exclusively allocated for inclusion in that Taxpayer’s return all the revenues generated by that unit. ...

Convention-- summary under Paragraph (d) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Taxable Canadian Property- Paragraph (d) derived principally test done on look-through basis The question of whether a share or trust interest derives its value from Canadian real property for purposes of the Canada-U.S. ...

30 March 2017 External T.I. 2015-0609951E5 F- Article 18 of the Canada-Turkey Income Tax Convention-- summary under Paragraph 56(1)(d) Summary Under Tax Topics- Income Tax Act- Section 56- Subsection 56(1)- Paragraph 56(1)(d) capital components are not deduction of cost The definition of “annuity” in Art. 18 of the Canada-Turkey Treaty excludes “any annuity the cost of which was deductible for the purposes of taxation in the Contracting State in which it was acquired.” ...

26 May 2009 External T.I. 2009-0316841E5 F- Convention de retraite, crédit d'impôt étranger-- summary under Paragraph (b) Summary Under Tax Topics- Income Tax Act- Section 207.5- Subsection 207.5(1)- Refundable Tax- Paragraph (b) usual Pt. ...

26 May 2009 External T.I. 2009-0316841E5 F- Convention de retraite, crédit d'impôt étranger-- summary under Subsection 126(1) Summary Under Tax Topics- Income Tax Act- Section 126- Subsection 126(1) no foreign tax credit can be claimed for non-business income tax paid on income of RCA trust Before indicating that foreign tax paid on non-business income may be deductible under s. 20(11) or (12) in computing income for purposes of the Part XI.3 tax on retirement compensation arrangements, CRA stated: Pursuant to paragraph 149(1)(q.1), no Part I tax is payable on the taxable income of an RCA trust. ...

20 August 2008 External T.I. 2008-0288561E5 F- Convention de partage d'une société de personnes-- summary under Subsection 96(1.1) Summary Under Tax Topics- Income Tax Act- Section 96- Subsection 96(1.1) no income could be allocated under s. 96(1.1) where aggregate income was nil The partnership agreement for a services partnership provides that a partner who has withdrawn will be paid over five years an amount respecting work-in-progress and paid at a formula-based rate over five years, with the parties agreeing that such amounts be paid as income allocations under s. 96(1.1). ...

20 August 2008 External T.I. 2008-0288561E5 F- Convention de partage d'une société de personnes-- summary under Subparagraph 53(2)(c)(v) Summary Under Tax Topics- Income Tax Act- Section 53- Subsection 53(2)- Paragraph 53(2)(c)- Subparagraph 53(2)(c)(v) payment to a retired partner in excess of partnership income is treated as a constructive withdrawal of capital by the other partners, reducing their ACB The partnership agreement for a services partnership provides that a partner who has withdrawn will be paid over five years an amount respecting work-in-progress and paid at a formula-based rate over five years, with the parties agreeing that such amounts paid as income allocations under s. 96(1.1). ...