Search - convention

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. ...

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". ...

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. ...

22 June 2012 External T.I. 2011-0416521E5- Share Options and Taxable Canadian Property-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 share no longer includes option The definition in Art. XIII of the Canada-US Convention of "real property situated in the other Contracting State" includes, in the case of real property siuated in Canada "a share of the capital stock of a company that is a resident of Canada, the value of whose shares is derived principally from real property situated in Canada;" and Art. ...

18 October 2011 External T.I. 2010-0381951E5- Existence of permanent establishment in Canada-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 Canadian server as pe CRA indicated that a website cannot be a permanent establishment under Article V of the Canada-U.S. Convention because a website is intangible- however, the server that provides the website can be a physical location if it is fixed in place and business is carried on through that server. ...

27 August 2012 External T.I. 2011-0416181E5- US internet publisher- CDN resident advertiser-- summary under Subparagraph 212(1)(d)(i) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(1)- Paragraph 212(1)(d)- Subparagraph 212(1)(d)(i) clicks fees to website A US website publisher, which qualifies for benefits under the Canada-US Income Tax Convention and does not have a server or other permanent establishment in Canada, enters into an arrangement with an independent Canadian-resident promoter (the "Promoter") under which the Promoter will sell advertising space on the website to Canadian advertisers. ... Before going on to consider the application of s. 212(1)(d)(iii)(A) and the provisions of the Convention, CRA found that the fees should be characterized as being for services of the US publisher (as its employees would by uploading the ads to the website and carrying out various maintenance functions), so that no withholding tax would be exigible under s. 212(1)(d)(i). ...

13 January 2014 External T.I. 2013-0512581E5- Sale of shares of Brazilian corporation-- summary under Article 24 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 24 "income" includes taxable capital gains The capital gain realized by a resident of Canada ("Canco") on disposing of shares of a Brazilian company was taxed by Brazil in accordance with Art. 13 of the Canada-Brazil Treaty. Art. 22, para. 2 provides: [W]here a resident of Canada derives income which, in accordance with the provisions of this Convention, may be taxed in Brazil, Canada shall allow as a deduction from the tax on the income of that person, an amount equal to the income tax paid in Brazil, including business-income tax and non-business-income tax. ...