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Réponse de l'ADRC Il nous est impossible de nous prononcer sur la répartition du revenu protégé en main à l'égard d'actions à dividendes discrétionnaires sans connaître tous les faits pertinents relatifs à une situation donnée, y compris: (1) les caractéristiques des actions émises et en circulation (par exemple, le droit au reliquat des biens lors de la liquidation ou dissolution) du capital-actions d'une société; (2) le nombre d'actions émises et en circulation de chaque catégorie; (3) l'identité des détenteurs des actions émises et en circulation du capital-actions de la société; (4) les clauses pertinentes d'une convention unanime entre actionnaires qui est applicable s'il y a lieu; (5) la législation sur les sociétés qui est applicable; et, (6) le moment de l'acquisition des actions par les actionnaires. Robert Gagnon 957-2108 Le 11 octobre 2002 2002-015705 ROUND TABLE ON FEDERAL TAXATION APFF- 2002 CONVENTION Question 35 Safe Income on Hand Attributable to Shares with Discretionary Dividends Clauses How should safe income on hand be allocated among the issued and outstanding shares of the capital stock of a corporation when the shares are included in classes of shares with discretionary dividends clauses? ...

It also applies to payments made to employees or members of the association to assist them in covering their expenses to attend various conventions and meetings as delegates on behalf of the association, provided attendance at such conventions and meetings is to further the aims and objectives of the association. ...

Income Tax Convention specifically provides an exemption to a Canadian resident in respect of any pension that would be tax exempt in the U.S. ... Income Tax Convention. 3.     It is our position that income earned in the PPC trust in the year would be subject to tax by virtue of subsection 94(1) of the Act where the individual has been resident in Canada for a period of, or periods the aggregate of which is more than 60 months. 4.      ...

In addition, if a joint venture would be considered to have a permanent establishment in Canada for the purposes of an income tax convention that Canada has with another country, if it were a resident of a contracting state for the purposes of that convention, any member of such a joint venture who is resident in that country will generally be considered to have a permanent establishment in Canada.  ...

If the foreign affiliate has no permanent establishment in respect of its international shipping business in the country in which it is resident, the income (that is exempt from Canadian tax) that would have been attributable to its permanent establishment in Canada (but for Regulation 5906(1)(b)) shall not be attributed to any country and will not be included in exempt or taxable earnings It is essentially a question of fact, having regard to the definition in the applicable income tax convention or, if there is no applicable convention, Regulation 400(2), as to whether a corporation has a permanent establishment in respect of its international shipping business in the country in which it is resident. ...

Spice 24(1) (613) 957-8953 Attention: 19(1) July 24, 1992 Dear Sirs: Re: Request for Technical Interpretation 24(1) This is in reply to your letter of June 5, 1992, in which you ask for a technical interpretation of various sections of the Income Tax Act (the "Act") and Article XV of the Canada-Switzerland Income Tax Convention. ... A Swiss resident who is taxed in Switzerland on amounts out of the EBP in accordance with Article XV of the Canada- Switzerland Income Tax Convention would be entitled to a deduction under subparagraph 110(1)(f)(i) of the Act. ...

Tax Convention Canada-U.S. Tax Treaty:Art. XVIII Dear Sirs: This is in reply to your letter of April 13, 1987 regarding the taxation of pension benefits to be received from a Canadian company pension plan in respect of which you made contributions in part with tax-paid dollars while living in the United States. ... Income Tax Convention (1980). However, paragraph 212(1)(h) of the Act may provide for an exemption from non-resident withholding tax with respect to a portion of the pension benefits. ...

Tax Convention Canada-U.S. Tax Treaty:Art. XIII, XXII Dear Sirs: This is in reply to your letter of December 17, 1986 requesting that we confirm your understanding of a number of issues related to non-resident withholding requirements of payments for live television programming. ... Income Tax Convention (the "Treaty"). As a result they may be subject to a withholding tax of 25% by virtue of paragraph 212(1)(d) of the Act and Article 22 of the Treaty unless, of course, they are considered business profits t-o the non-resident and the non-resident does not have a permanent establishment in Canada. ...

Tax Convention (1978), is that management or administrative fees or charges would constitute a part of same. ... " Accordingly, where management fees are paid to a non-resident of a treaty country and the convention with that country does not deal specifically with management fees but simply contains the above-mentioned "business profits" article, the non-resident will not be subject to tax in Canada unless the charges can be said to be related to a business carried on by it in Canada through a permanent establishment. ...

Tax Convention Canada-U.S. Tax Treaty:Art. XIII Can we apply subsection 55(10 in a situation where a capital gain is eliminated in a manner which would appear to be offensive from a policy perspective. ... Tax Convention (the "Treaty"). By increasing the paid-up capital of the classes of shares held by the trusts, the trusts will be subject to Part XIII tax of 15% by virtue of subsections 84(1) and 212(2) and Article 10 of the Treaty. ...