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. … [T]he same [would apply] if the Withdrawal took place in a year subsequent to the Taxation Year in which the Deemed Distribution took place … [or] if the Taxpayer was a U.S. citizen, rather than a green card holder, who renounced this US citizenship after becoming a tax resident in Canada … [subject to] subparagraph 4(a) of Article XXIV of the Convention …. ...

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. ...

27 October 2020 CTF Roundtable Q. 5, 2020-0864281C6- Article IV:6 of the Canada-US Treaty-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 where Canco is held by fiscally transparent Franceco, which is held by LP with only some US partners, there is a choice as to which Treaty to apply A U.S. resident owns a French entity (that is fiscally transparent for U.S., but not Canadian or French purposes) that earns Canadian-source dividends and interest. ...

15 February 2023 Internal T.I. 2022-0925731I7- Qualified donee- Article XXI of Canada-US Treaty-- summary under Article 21 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 21 Art. ...

17 May 2023 IFA Roundtable Q. 6, 2023-0964351C6- Application of the Canada-US Treaty-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 Treaty benefits could be created for a s. 216 structure by creating partnerships for US purposes Base Case A US corporate REIT that is a qualifying person under the Canada-US Treaty owns US LLC 1, which owns US LLC 2 which, like US LLC 1, is disregarded for US purposes, and is a s. 216 taxpayer. ...

17 May 2023 IFA Roundtable Q. 7, 2023-0964521C6- Application of Article 10, Canada-Hong Kong-- summary under Article 10 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 10 violating main purpose test in HK Treaty increases dividend rate/ PPT object and purpose test not violated by using personal holding company in same jurisdiction Two individuals (Mr. and Mrs. ...

13 October 2023 Internal T.I. 2019-0819351I7- Barbados Treaty Limitation Period-- summary under Article 9 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 9 limitation period under the Canada-Barbados Treaty did not preclude CRA from making a transfer-pricing increase to the profits of the Canadian parent Transactions between a corporation resident in Canada (“Canco”) and its wholly-owned subsidiary resident in Barbados (“BarbadosCo”) were not on the terms that would have prevailed between arm’s length persons. ...

15 May 2024 IFA Roundtable Q. 7, 2024-1007641C6- Principal Purpose Test in the Multilateral Instrument-- summary under Article 10 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 10 application of PPT where Treaty-resident pure holdco with ultimate Treaty-resident parent received Canco dividends CRA was asked how the principal purpose test (PPT) in Art. 7(1) of the MLI) would apply in the situation where: Canco is wholly-owned by a Foreign Entity (FE) and FE is owned by a foreign multinational (Foreign MNC). ...

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”). ...

18 April 2019 Internal T.I. 2018-0753621I7- Subsection 247(12)-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 a s. 247(12) secondary-adjustment deemed dividend paid by Canco to an LLC sister qualified under Art. ...