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"Non-Resident Exercise Stock Option (4093-U5-100-15)")-- summary under Article 15 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 15 A detailed example showing how a stock option benefit ultimately realized by a U.S. ... Convention is then applied on a year-by-year basis. Accordingly, the individual is exempt where in a year he was present in Canada for less than 183 days, or the total remuneration for that year, including the portion of the stock option benefit allocated to that year, is less than Cdn. $10,000. ...

5 November 2012 Internal T.I. 2012-0462151I7- Foreign Tax Credits-- summary under Article 24 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 24 Canco held portfolio investments in shares of U.S. companies in connection with funding its insurance liabilities. ... Income Tax Convention, a portion of the income from Canco’s Canadian XX business must be re-sourced to the U.S. for the purposes of section 126 of the Act. ... CRA went on to find that, given that gains or losses on the shares were not subject to Canadian income tax by virtue of the Convention, they were deemed by s. 126(6)(c) to be a separate source for purposes of s. 126. ...

24 February 2011 Internal T.I. 2010-0387901I7- Permanent Establishment-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 construction site PE is conclusive as to existence of PE Paragraph 3 of the OECD Model Convention (providing that "a building site or construction or installation project constitutes a permanent establishment only if it lasts more than twelve months") represents a stand alone test for determining whether a site or project qualifies as a permanent establishment, so that once the requirements of that paragraph have been satisfied, a permanent establishment will be found to exist and it is not necessary to consider whether the "basic rule" in paragraph 1 has been satisfied. ...

6 July 2012 Internal T.I. 2012-0453461I7 F- rental losses Canada-France Treaty-- summary under Article 24 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 24 s. 126(1) FTC re French income tax on rental income Respecting a French rental property (the "Immovable") of the Canadian-resident individual taxpayer, CRA stated: [B]y virtue of Article XXIII of the Convention, Canada will grant a credit for the tax paid in France on the rental income generated by those immovables in order to avoid double taxation. ...

19 April 2012 Internal T.I. 2012-0436221I7- LLCs and ULCs and Treaty benefits-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 LLC itself claims benefits for US members Where the members of a fiscally transparent LLC are entitled to Treaty benefits in accordance with Art. XXIX-A of the Canada-US Income Tax Convention, then the effect of Art. ...

3 May 2005 Internal T.I. 2005-0120021I7 F- Pension de retraite provenant de la France-- summary under Article 18 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 18 pension exemption under French Treaty continues to apply in the hands of surviving spouse The Directorate indicated that the exemption under Art. XVIII(1) of the Canada-France Convention for “[p]eriodic or non-periodic pensions … arising in [France] and paid in respect of past employment to a resident of [Canada]” applied to the surviving spouse of an individual (also, a Canadian resident) who had become entitled to the pension by virtue of previous employment in France. ...

11 June 2001 Internal T.I. 2001-0074867 F- Définition de gains exonérés pré-96-- summary under Subsection 5907(11.2) Summary Under Tax Topics- Income Tax Regulations- Regulation 5907- Subsection 5907(11.2) Barbados exempt insurance company is deemed not to be resident in Barbados The Directorate noted that, for the purposes of the Barbados-Canada Convention, a corporation resident in Barbados that qualifies as an "exempt insurance company" is not considered resident for the purposes of that Convention, so that if a foreign affiliate is a Barbados exempt insurance company, it is deemed not to be resident in a designated treaty country for purposes of computing "exempt earnings". ...

6 April 2023 Internal T.I. 2022-0929731I7- Articles 18(2) and (3) of the Canada-Italy Treaty-- summary under Section 5 Summary Under Tax Topics- Other Legislation/Constitution- Federal- Income Tax Conventions Interpretation Act- Section 5 CPP and OAS are normally considered pensions for Treaty purposes Regarding the receipt by an individual resident in Italy of periodic Canada Pension Plan (“CPP”) and Old Age Security (“OAS”) benefit payments, the Directorate stated: [S]ection 5 of the Income Tax Conventions Interpretations Act provides a definition of the term “pension” in respect of payments that arise in Canada. ...

18 November 2013 Internal T.I. 2011-0399581I7 F- Application of section 212(1)(d) ITA-- summary under Article 12 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 12 contingent payments came within broad Treaty definition of royalty Canco is granted an exclusive licence, bearing a royalty, by NRCO (an arm's length resident of Ireland) in respect of patents and know-how for the production and commercialization of certain products. ... " However, they were royalties under the Ireland-Canada Convention- but were exempt under Art. 12, subpara. 3(b) as royalties for the use of, or the right to use, any patent or information concerning industrial, commercial or scientific experience. ...

6 July 2012 Internal T.I. 2012-0440741I7- stock option benefit derived by US resident-- summary under Article 15 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 15 U.S. subs qualifies as payer of (therefore exempt) stock option benefit/domestic v. Treaty method USCo, which is a qualifying person for purposes of the Canada-US Income Tax Convention and is a wholly-owned subsidiary of a Canadian public company, employed a US-resident individual who performed employment duties for USCo in Canada for 55, 100 and 75 days in 2009, 2010 and 2011, respectively. ... Before considering the effect of the exemption in para. 2 of Article XV of the Canada-US Convention, CRA noted that under the methodology in Annex B to the Fifth Protocol, the stock benefit realized in 2010 would be apportioned to Canada based on the relative number of working days in Canada over the two-year period between the grant and exercise of the options. ...