Search - convention

2020 Ruling 2019-0801011R3- Article 13(4) of the Treaty-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 a Treaty exempted the gain on the sale of a non-resident holding company holding Canadian vacant land Background Mr. ...

2021 Ruling 2021-0876671R3- Transfer between US pension plans-- summary under Article 18 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 18 the transfer of a portion of the assets and beneficiaries from an old to a new US pension plan did not result in taxable income under the IRC S. 56(1)(a) generally requires the recognition of an amount received as or in satisfaction of a pension benefit. ...

2024 Ruling 2019-0817961R3- Swiss Collective Investment Scheme-- summary under Article 10 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 10 Swiss collective investment vehicle treated as flow-through for purposes of the pension/ retirement fund dividend exemption in the Canada-Swiss treaty Background/ structure A collective investment scheme (the “Fund”) established under Swiss law is an arrangement by which investors pool their assets to be managed by and in the name of a Swiss regulated fund management company (the “Management Company’) for the account of the investors, whose proportionate entitlements to income and cash or in-kind redemption proceeds are represented by non-voting units. ...

2013 Ruling 2012-0444431R3- Taxable Canadian Property-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 NR partnership holding real property interests through debt A partnership (Foreign Partnership), whose non-resident members (Investors) are resident in Foreign Countries 1 through 5, uses a portion of its cash from unit and loan subscriptions to subscribe for equity of a Newco resident in Foreign Country 6 (Foreign Parent), and applies the balance of its subscription cash to subscribe for a mixture of profit-participating loans and non-interest-bearing loans of Foreign Parent (the Foreign Parent Loans). ...

2014 Ruling 2013-0491331R3- Introduction of a partnership and Art.IV(7)(b)-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 Art. ...

2012 Ruling 2011-0403291R3- Treaty exempt sale-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 Treaty step-up to avoid the application of s. 55(2) to a spin-off made to effect an arm's length sale of the rump Following a preliminary reorganization (including an amalgamation of predecessors of Amalco so as to "consolidate the tax attributes"), all the shares of Amalco are held by Foreignco3 (resident in the U.S.) which, in turn, is an indirect wholly-owned subsidiary of Foreign Parent, a listed company. ...

2024 Ruling 2023-0984281R3- Remote services and permanent establishment-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 ruling that using employees to provide on-line health services to non-resident patients from home offices in Canada does not create a PE in Canada Background The three taxpayers (the “Taxpayers”), which are corporations resident in Countries A, B and C for purposes of Canada’s treaties with those countries, and which have never filed Canadian returns, use employees residing in those respective countries to provide online (e.g., by phone or video) services (“Services”) to patients (“Clients”) in the same time zone. ...

2013 Ruling 2012-0467721R3- IV(7)(b) & PUC increase-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 two-step distribution to two S-Corp shareholders of ULC/interest payment to one USCo and USCo2 are each S Corporations whose shares are owned in the same proportions by U.S. ...

2018 Ruling 2017-0713071R3- Permanent Establishment-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 no Cdn PE of LLC through Cdn home office of former employee who is now employed by Cdn SPV under pass-through payroll arrangement Background ForCo, which was a U.S. ...

2015 Ruling 2014-0542411R3- Carrying on business in Canada and PE-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 PE in Canada of ForCo avoided through seconding employees to its Cdn sister and meeting in Canada up to 90 days annually only offsite Key role of ForCo in Projects CanCo (an indirect CBCA subsidiary of a foreign public company), which had knowledge of the Canadian markets and whose Canadian customers preferred local suppliers, entered into contracts to perform two Canadian projects (the “Projects”). ...