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2012 Ruling 2011-0403291R3- Treaty exempt sale-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 Treaty step-up to avoid the application of s. 55(2) to a spin-off made to effect an arm's length sale of the rump Following a preliminary reorganization (including an amalgamation of predecessors of Amalco so as to "consolidate the tax attributes"), all the shares of Amalco are held by Foreignco3 (resident in the U.S.) which, in turn, is an indirect wholly-owned subsidiary of Foreign Parent, a listed company. ...

26 August 2013 Internal T.I. 2013-0494211I7- participating debt interest-- summary under Article 11 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 11 Cdn petroleum exploration company with no extracted petroleum pays participating interest re price of petroleum Canco, which carries on a business of exploring and developing oil and gas properties in Canada (so that its principal assets consist of rights to explore for and exploit oil and gas), and which does not own any inventory of oil or gas, pays interest to a resident of the US (which is a "qualifying person" within the meaning of Art. ...

31 May 2013 External T.I. 2013-0486011E5- Loan to non-resident- Part XIII tax-- summary under Article 10 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 10 partnership fiscally transparent for Treaty withholding purposes re s. 15(2) loan made by it A Canadian-resident corporation (CanCo1) and its wholly-owned Canadian-resident subsidiary (CanCo2) are the 99% limited partner and 1% general partner, respectively, of CanLP. ...

20 July 2015 Internal T.I. 2012-0457671I7- Treaty triangulation- Article 15-- summary under Article 15 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 15 treaty-exemption for remuneration of NR employee employed in deemed offshore drilling PE of employer resident in 2nd treaty county Mr. ...

22 February 2016 External T.I. 2014-0525681E5- Taxation of inherited pension plan payment-- summary under Article 18 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 18 exclusion re US estate tax A U.S. citizen is resident in Canada and was the beneficiary of a deceased U.S resident who had been a retired member of a U.S. public pension plan. ...

26 May 2016 IFA Roundtable Q. 9, 2016-0642131C6- Article IV(7) and S-Corporations-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 US-Treaty benefits denied on interest paid by a transparent ULC sub to an S-Corp US Parent, which has elected to be treated as an “S-corporation,” so that it is fiscally transparent for Code purposes and its shareholders are taxable in respect of its income, owns all the shares of US Sub, which has elected to be treated as a “Qualified Subchapter S Subsidiary” and also is fiscally transparent for Code purposes. ...

16 January 2017 External T.I. 2016-0655701E5- Article 5(3)- Demolition-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 decommissioning work is of the type covered by the construction PE Article/aggregation of subcontracts to exceed 12 months A Canadian resident company (“Customer”), which is awarded a decommissioning contract for a number of offshore oil/gas platforms (the “Main Contract”), subcontracts some of the required work to an affiliate (“Non-Resident”), which is resident in a country whose treaty uses Art. 5(3) of the OECD model. ...

8 September 2017 External T.I. 2014-0549771E5- Article XXIX-A:3-- summary under Article 29A Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 29A a trust is related for purposes of Art. ...

22 September 2017 External T.I. 2016-0668041E5- TCP and Article 13(5) of Canada-UK Treaty-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 proportionate value approach to determining whether shares of a foreign holding company are derived more than 50% from Canadian immovable property for Treaty purposes A Netherlands corporation (BVCo) holds 1/3 of its assets as shares of an Australian subsidiary (“AusCo”), whose Australian real estate assets represent 5/6 of the consolidated assets, but also with high liabilities, and holds 2/3 of its assets as shares of a Canadian subsidiary (“TCPCo”) whose Canadian real estate assets represent 1/6 of the consolidated assets, but with low leverage. ...

28 March 2018 External T.I. 2016-0672941E5- Par. 2 of Norway Other Income treaty Article-- summary under Article 22 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 22 a tax-exempt Norwegian fund received a Canadian REIT distribution that was “taxable” in Norway, so that Treaty-reduced withholding applied An entity (the “Tax Exempt Entity”) that is a resident of Norway per Art. 4(1) of the Treaty and that is exempt from income tax liability under Norway income tax law, maintains an investment fund (the “Fund”) whose assets are held by it directly but segregated from its other assets. ...