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15 September 2020 IFA Roundtable Q. 3, 2020-0853371C6- IFA 2020 Q3: Draft IC71-17R6, Paragraph 43-- summary under Article 26 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 26 Canada does not negotiate away its application of domestic anti-avoidance rules Given that both are viewed as domestic anti-avoidance provisions, CRA will follow the same MAP approach to s. 247(2)(b) (the transfer-pricing recharacterization rule) as with s. 245(2) (recharacterization of results under the general anti-avoidance rule), i.e., if it is a primary position of the CRA that 247(2)(b) applies then, as with GAAR assessments, Canada will simply present that position to the other Competent Authority and, if there is double-taxation, seek relief from the other country- rather than giving up the assessment. ...

8 December 2009 TEI Roundtable Q. 4, 2009-0347701C6- Qualifying person & multiple shares-- summary under Article 29A Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 29A The correspondent noted that in Canada, if each class of shares of a public company with multiple classes must be considered separately for purposes of satisfying the de minimis or 10-percent tests in the U.S. tax regulations (treated as being applicable for Canadian purposes under para. 2(c) of the "qualifying person definition) very few Canadian corporations with multiple classes of voting shares will be considered "qualifying persons" for purposes of the LOB clause. ...

17 July 2008 IFA Roundtable, 2008-0272361C6- Limitation of Benefits-- summary under Article 29A Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 29A look-through of fiscally transparent entities for qualified person purposes Will CRA look through LLCs and other entities that are fiscally transparent for US purposes, in applying paras. 2(d) and (e) of "qualifying person" of Art. ...

10 June 2013 STEP CRA Roundtable, 2013-0480301C6- 2013 STEP CRA Roundtable – Question 4-- summary under Article 24 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 24 Art. 24(5) of US treaty a complete code for US citizens A U.S. citizen is required to pay U.S. tax on dividends and capital gains at a 20% rate (increased from the previous 15% rate). ...

CTF 2012- Q.10 US LLC-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 LLC not entitled to Treaty benefits except under IV.6 As CRA is not in agreement with the decision in TD Securities (which, in any event, involved pre-5th Protocol timeframes). ...

5 October 2012 Roundtable, 2012-0451251C6 F- Excess of foreign tax withheld at source-- summary under Non-Business-Income Tax Summary Under Tax Topics- Income Tax Act- Section 126- Subsection 126(7)- Non-Business-Income Tax foreign withholdings on American depositary receipts in excess of Treaty-limited rate does not qualify as an income tax Tax is systematically withheld on income from ADRs at above the maximum rates permitted by the conventions. ...

28 November 2011 CTF Roundtable, 2011-0425901C6- Does share derive value principally from real prop-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 whether shares derive their value from real property is determined irrespective of debt allocation After the questioner referenced the previous position that, in the context of Treaty references to shares deriving in their value principally from real property, CRA would accept a valuation method that assigned the debt of a company to the assets to which the debt reasonably related, CRA stated: In the context of tax treaties...the determination whether a share of a company derives its value principally from real or immovable property situated in Canada should be made by reference to the value of the properties of the company without taking into account its debts or other liabilities. ...

22 May 2014 May IFA Roundtable, 2014-0526711C6- Article XXIX-A(3) of the US Treaty-- summary under Article 29A Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 29A tcp gains on U.S. shares derived from Canada under para. 3 UK Parent owns US Parent, which owns US Holdco (whose shares are taxable Canadian property) which owns Can Sub. ...

17 May 2012 IFA Roundtable, 2012-0444041C6- IFA 2012- Beneficial Ownership-- summary under Article 11 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 11 beneficial owner must have discretion for use When asked to "comment on what factors it will take into account in determining beneficial ownership," CRA stated: Where a recipient of income does not receive the payment as agent or nominee for another party, the CRA will consider the recipient to be the beneficial owner of the income if the payment is received for the recipient's own use and enjoyment and the recipient assumes risk and control over the payment. ...

13 June 2017 STEP Roundtable Q. 9, 2017-0697901C6- S-corporation agreements-- summary under Article 29 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 29 Cdn competent authority agreement with S-Corp. extends to income of a qualified subchapter S Corp. subsidiary thereof Where a U.S. ...