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Convention-- summary under Article 13 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 13 "rental property" means property rented by the company as landlord/lessor With respect to the exclusion in paragraph 7 of Article XIII of the Canada-U.K. Convention for property (other than real property) in which the business of the company is carried on, RC is of the view that: rental property means property rented by the company as landlord/lessor; office buildings, factories, processing plants and fixed machinery and equipment operated by the company together with the land under or subjacent thereto and necessary for use thereof qualify; and oil and gas reserves, mines and well interests qualify if the owner is actively engaged in the exploitation of natural resources subject to the exception relating to hydrocarbons contained in the Convention; and that immovable property that is inventory or property not used in the business but held as an investment for capital gains, will not qualify. ...

Convention denying Canada the right to tax the income deemed to arise on the exercise of the option to him. ... Convention, the calendar year refers to the year in which the employment was exercised and not to the year in which the stock option was exercised. Accordingly, where the stock option benefit relates to a calendar year in which the taxpayer was resident in Canada for a period or periods exceeding 183 days and the taxpayer's remuneration from such employment, including the value of the stock option benefit, exceeded Cdn. $10,000, the Convention would not grant any relief from Canadian taxation. ...

10 February 2004 Income Tax Severed Letter 2003-0052621A11 F- Régime de pension étranger-- summary under Article 18 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 18 French social security payments based on years of service in self-employment were not exempted a having been “paid in respect of past employment” The resident taxpayer had participated in a French plan that was a compulsory social security scheme providing a retirement pension to self-employed persons based on the years of service. After finding that the amounts received were "superannuation or pension benefits" within the meaning discussed in Abrahamson, the Directorate went on to find that they were not exempted under Art. 18(1) of the France-Canada Convention, given that they did not satisfy the stated condition that they be paid in respect of past “employment,” a word whose meaning could be taken, in light of Art. 3(2) of that Convention, to be as defined in ITA s. 248(1). ...

14 December 1992 Income Tax Severed Letter 912281A F- PROFESSIONS DÉPENDANTES\AVANTAGES EN VERTU D'UN EMPLOI-- summary under Article 15 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 15 An employee stock option will be taxable under Paragraph 2 of Article XV of the Canada-U.S. Convention if, in the year the employment was exercised (as opposed to the year the stock option was exercised) the individual was resident for more than 183 days in Canada and his remuneration, including the value of the stock option, exceeded $10,000. ...

2 December 1993 Income Tax Severed Letter 9333306- Non-resident Exercised a Stock Option-- summary under Article 15 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 15 Where a U.S. resident exercises employee stock options issued to him by a U.S. public company while he was employed in Canada by a Canadian subsidiary, the resulting benefit will not be considered to be borne by the Canadian subsidiary for purposes of the Canada-U.S. Convention irrespective whether the U.S. company charges the Canadian company in respect of the stock option benefit. ...

14 December 1992 Income Tax Severed Letter 912281A F- PROFESSIONS DÉPENDANTES\AVANTAGES EN VERTU D'UN EMPLOI-- summary under Subsection 7(4) Summary Under Tax Topics- Income Tax Act- Section 7- Subsection 7(4) A Canadian employee who exercised an employee stock option after becoming a non-resident of Canada would be taxable in Canada on the benefit subject to the provisions of any tax convention. ...

Convention rather than Article XIV, it is RC's administrative practice to permit fees paid to a non-resident director for services rendered in Canada to be withheld at the flat rate of 15% specified in Regulation 105. ...

Convention rather than Article XIV, it is RC's administrative practice to permit fees paid to a non-resident director for services rendered in Canada to be withheld at the flat rate of 15% specified in Regulation 105. ...

12 April 1999 Income Tax Severed Letter 9812726- ARTICLE XXI CANADA-U.S. (4125-U5-100-21)-- summary under Article 21 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 21 Before any consideration could be given to allowing an exemption for investment income paid to a U.S. master trust, the trust would be required to provide documentation that will clearly explain how it acted in trust for, or as agent for, the ultimate beneficial owners, the identity and residency of each beneficial owner, and the details of how the income was distributed to them. ...