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As your question relates to a taxpayer's ability to claim a foreign tax credit against Canadian tax otherwise payable, we are assuming that the taxpayer in question is a resident of both Canada and Australia pursuant to their respective domestic tax laws and that the taxpayer is considered to be a resident of Canada for purposes of the Canada-Australia Income Tax Convention on the basis of the tie-breaker rules in Article 4 of that Convention. ...

You asked us several questions concerning payments out of a Life Income Fund (LIF) to a non-resident and our comments follow. 1.If the rules set out in the definition of "periodic pension payment" in paragraph (c) of section 5 of the Income Tax Conventions Interpretation Act (ITCIA) apply to a registered retirement income fund (RRIF) when interpreting a particular tax convention, they apply equally to a RRIF which is a LIF. ...

Income Tax Convention (the Convention). Our Views Since our understanding of the facts above indicate that the t/p has satisfied both of the conditions set out in subparagraphs 212(1)(h)(v) and (vi) of the Act, it is our opinion that the RPP payments made to the t/p fall under the exception in paragraph 212(1)(h) of the Act and are, therefore, not subject to Part XIII tax. ...

20 June 2023 Internal T.I. 2021-0904981I7- Application of ss.227(6) to treaty benefits Unedited CRA Tags 227(6), 212(1), Canada-Italy Treaty Art. 18 para. 2 Principal Issues: If a tax treaty has an As-If-Resident (“AIR”) rule (such as Article 18, paragraph 2 of the Canada-Italy Income Tax Convention), can a taxpayer request an assessment of tax under this treaty provision indefinitely, or will subsection 227(6) limit the timeframe the taxpayer has to request such an assessment to no later than two years after the end of the calendar year in which the amount was paid? ... Hyduk, RE: Application of subsection 227(6) and “as if resident” (“AIR”) clause in various Canadian tax treaties This is in reply to your email request dated August 4, 2021, requesting our views on the application of subsection 227(6) of the Act to the AIR clause in various Canadian tax treaties, including Article 18, paragraph 2 of the Canada-Italy Income Tax Convention (“Canada-Italy Treaty”). ...

Initially the taxpayer made a request to the competent authority of Canada pursuant to paragraph 5 of Article XXIX of the Canada-United States Income Tax Convention (the "Convention") to apply the rules specified in that paragraph and reported the income of the S Corporation as foreign accrual property income ("FAPI") in his 2006 T1 tax return. ... Our Comments It should be noted that our following comments presumed that all the income of the S Corporation is "active business income" within the meaning of that term in subsection 95(1) of the Act; otherwise FAPI of the S Corporation would be required under section 91 of the Act to be included in computing the taxpayer's income in 2006 regardless of whether paragraph 5 of Article XXIX of the Convention would or would not apply, because the S Corporation is a controlled foreign affiliate of the taxpayer. ... To remedy this timing problem, paragraph 5 of Article XXIX of the Convention was introduced which applies to a Canadian taxpayer who enters into an agreement with the Canadian competent authority. ...

In brief, Article VII of the Canada-US Income Tax Convention (the "Convention") will apply such that USCO will be exempt from tax on its Canadian business income in 2000 and 2001. ... Rather, subparagraph 110(1)(f)(i) allows an individual to deduct from his or her income "any amount that is... an amount exempt from income tax in Canada because of a provision contained in a tax convention or agreement with another country that has the force of law in Canada. ... The losses of the USP in its non-PE taxation years are clearly losses from a source that is not subject to tax in Canada because of the Convention: a US business carried on in Canada is not taxable in Canada unless it has a PE in Canada. ...

Background As part of the audit of the XXXXXXXXXX taxation years, the Canada Revenue Agency (the "CRA") has proposed to apply section 67.1 of the Act to certain expenses incurred at XXXXXXXXXX (the "Taxpayer") XXXXXXXXXX Meetings and Conventions. ... The 80% limitation would apply to all business meals, including food and beverages, as well as to the cost of meals while travelling or attending a seminar, conference, convention or similar function. ... Subsection 67.1(1) of the Act applies to the food, beverage and entertainment expenses incurred in connection with the Taxpayer's XXXXXXXXXX Meetings and Conventions. ...

In general we are of the opinion that exempt organizations are "residents of a contracting state" for purposes of a particular tax treaty if that treaty contains a residence definition similar to that contained in the Canada-United States Income Tax Convention (1980). ...

Francis   (613) 957-3496 November 3, 1989 Dear Sir: This is in reply to your letter of August 4, 1989, wherein you requested our opinion as to whether a withdrawal of amounts under a registered retirement savings plan ("RRSP") by a resident of Australia would be subject to a lower treaty rate for pensions and annuities under the Canada-Australia Income Tax Convention (1980) or the higher 25% withholding tax. ...

Vers le XXXXXXXXXX, Monsieur B signe un contrat intitulé « Convention de service professionnel » (ci-après la « Convention ») avec la société XXXXXXXXXX (ci-après la « Société C »), représentée par XXXXXXXXXX (ci-après le « Conseiller A ») qui en est l’unique actionnaire. 6. Une clause de la Convention traite du Mandat accordé à la Société C et se lit comme suit: XXXXXXXXXX 7. ... Une clause de la Convention traite de la « Rémunération » et se lit comme suit: XXXXXXXXXX 9. ...