Search - convention

Grantor Trusts-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 CRA indicated that if s. 94(3) applied to deem a US grantor trust with US-resident settlors to be a resident of Canada, then Art. IV(6) of the Canada-US Convention would not apply to dividends paid to the grantor trust by a Canadian corporation as both that corporation and the trust would be residents of Canada. ...

1 February 2012 External T.I. 2011-0431571E5- Canadian resource royalty received by US resident-- summary under Article 12 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 12 Oil royalty payments are covered by Art. VI, para. 2 of the Canada-US Convention ("amounts computed by reference to the amount or value of production from...resources") rather than by Art.XII, para. 4 ("payments...for...the use of...tangible personal property") and, accordingly, are not subject to the Treaty-reduced withholding tax rate. ...

1 February 2012 External T.I. 2011-0431571E5- Canadian resource royalty received by US resident-- summary under Article 6 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 6 oil royalty payments are covered by Art. VI, para. 2 of the Canada-US Convention ("amounts computed by reference to the amount or value of production from...resources") rather than by Art.XII, para. 4 ("payments...for...the use of...tangible personal property") and, accordingly, are not subject to the Treaty-reduced withholding tax rate. ...

24 March 2004 External T.I. 2003-0032781E5- Treaty benefits for Irish Investment Undertakings-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 An Irish Investment Undertaking would not be considered to be a resident of Ireland for purposes of the Canada-Ireland Convention given that it was not subject to comprehensive taxation in Ireland. ...

30 January 2002 External T.I. 2001-0106695- Subs. 219(5.3);Article X of Canada-US Treaty-- summary under Article 10 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 10 A deemed dividend under s. 219(5.3) of the Act will be treated as a dividend governed by Article X, paragraph 2 of the Canada-U.S. Convention, rather than paragraph 6, notwithstanding that such deemed dividend could be attributed to the decision not to pay branch tax pursuant to s. 219(5.1) at the time the non-resident insurance company incorporates the Canadian branch. ...

20 October 1992 T.I. 922116 (September 1993 Access Letter, p. 418, ¶C111-055)-- summary under Rules Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 27A- Rules A non-resident of Canada who was resident in England but not domiciled there for tax purposes, and who on her death in England is subject to English estate duty to a deemed disposition under s. 70(5) on shares of a private Canadian corporation and would not be considered to be taxed in the U.K. by reference to an amount that was remitted to or received in the U.K. as a result of such deemed disposition. ... Convention would not apply. ...

20 October 1992 T.I. 922116 (September 1993 Access Letter, p. 418, ¶C111-055)-- summary under Article 29 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 29 A non-resident of Canada who was resident in England but not domiciled there for tax purposes, and who on her death in England is subject to English estate duty to a deemed disposition under s. 70(5) on shares of a private Canadian corporation and would not be considered to be taxed in the U.K. by reference to an amount that was remitted to or received in the U.K. as a result of such deemed disposition. ... Convention would not apply. ...

6 November 1992 T.I. 922332 (September 1993 Access Letter, p. 425, ¶C248-142)-- summary under Article 22 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 22 Where a Canadian employee of a U.S. company was a deemed resident of Canada under s. 250(1)(a) but was a U.S. resident under the tie-breaker rule in paragraph 2 of Article IV of the Canada-U.S. Convention, interest or dividends received from a U.S. resident or from a third country would be taxed only in the U.S. by virtue of paragraph 1 of Article XXII. ...

(Tax Window, No. 2, p. 28, ¶1216)-- summary under Article 21 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 21 Exempt organizations created in a country with which Canada has a tax treaty are residents of that contracting state for treaty purposes and are therefore entitled to the same benefits as those provided under a tax treaty to other residents of that state. ... Convention, which is resident in the United States, will be exempt from Canadian tax by virtue of that paragraph provided that Article XXI(3) does not apply. ...

8 April 1992 T.I. (913412 (March 1993 Access Letter, p. 83, ¶C180-135; Tax Window, No. 18, p. 10, ¶1847)-- summary under Article 10 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 10 Where s. 214(3)(a) imputes a shareholder benefit to U.S. resident shareholders of a U.S. corporation which allows them to use a Canadian vacation property free of rent, Article X(5) of the Canada-U.S. Convention will not grant relief to them because s. 214(3)(a) deems the dividend to have been paid by a corporation resident in Canada rather than by a U.S. corporation. ...