Subsection 126(1) - Foreign tax deduction
Cases
Interprovincial Pipe Line Company v. Minister of National Revenue, 68 DTC 5093, [1968] CTC 156, [1968] S.C.R. 498
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 4 - Subsection 4(3) | 57 |
Interprovincial Pipe Lane Co. v. Minister of National Revenue, 59 DTC 1229, [1959] CTC 339, [1959] S.C.R. 763
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(a) | 102 |
See Also
Burton v Commissioner of Taxation, [2018] FCA 1857, aff'd [2019] FCAFC 141
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | foreign tax credit was not required to be accorded to all the US tax on the gain | 345 |
Ardmore Construction Ltd v Revenue and Customs, [2018] EWCA Civ 1438
Arsove v. The Queen, 2016 TCC 283 (Informal Procedure)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | application of Art. 24 of Canada-U.S. Treaty to IRA distribution to U.S. citizen | 206 |
White v. The Queen, 2003 DTC 1170, 2003 TCC 668 (Informal Procedure)
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Shere v. MNR, 89 DTC 201 (TCC)
Curtis Brown, Ltd. v. Jarvis (1929), 14 TC 744 (K.B.D.)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property | 78 |
Administrative Policy
3 December 2019 CTF Roundtable Q. 2, 2019-0824381C6 - Foreign taxes paid
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | US and UK Treaties do not eliminate FTC requirement that the taxes be paid | 235 |
| Tax Topics - Income Tax Act - Section 261 - Subsection 261(2) - Paragraph 261(2)(b) | translation of foreign taxes at same FX rate as that used for related income is acceptable | 84 |
5 October 2018 APFF Financial Strategies and Instruments Roundtable Q. 12, 2018-0761581C6 F - Foreign Tax Credits related to mutual funds
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29 May 2018 STEP Roundtable Q. 13, 2018-0744161C6 - 75(2) and Foreign Tax Credit
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) | US withholding taxes borne by s. 75(2) trust might reduce the attributed income amount | 92 |
29 May 2018 STEP Roundtable Q. 12, 2018-0748811C6 - US Transition Tax
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29 January 2018 External T.I. 2017-0682301E5 - Deemed Distribution and Withdrawal from IRA
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(a) - Subparagraph 56(1)(a)(i) - Clause 56(1)(a)(i)(C.1) | the deemed U.S. income inclusion from an IRA on renouncing U.S. citizenship or relinquishing a green card also is recognized for ITA purposes | 353 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(12) | deemed ITA inclusion on deemed distribution from IRA on renouncing U.S. citizenship or relinquishing green card | 76 |
8 September 2017 External T.I. 2014-0558601E5 - Amount of foreign withholding tax paid by partner
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13 June 2017 STEP Roundtable Q. 4, 2017-0695141C6 - U.S. grantor trust
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 94 - Subsection 94(16) | election of US-citizen/Cdn-resident beneficiary of grantor trust so as to generate FTC | 250 |
| Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(5) - Paragraph 108(5)(a) | income from factually U.S.-resident but s. 94(3) trust was U.S.-sourced | 112 |
13 April 2017 External T.I. 2015-0601781E5 - U.S. tax paid in respect of an LLC's income
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | Canada's denial of foreign tax credits re undistributed LLC income is consistent with Art. 24 of Canada-US Treaty | 345 |
12 July 2016 External T.I. 2014-0560361E5 - Cdn beneficiary of US living trust
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) | question of fact whether a U.S. revocable living trust is an excluded trust | 128 |
| Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) | potential application to U.S. revocable living trust | 178 |
8 December 2016 Internal T.I. 2016-0634231I7 - Pension received from the European Union
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Words and Phrases
government29 November 2016 CTF Roundtable Q. 12, 2016-0669851C6 - Support for US FTC Claims
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May 2016 Alberta CPA Roundtable, Q.10
3 February 2016 External T.I. 2014-0548111E5 - U.S. tax paid in respect of an LLC's income
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 88 - Subsection 88(3) - Paragraph 88(3)(d) | no deemed dividend | 124 |
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax | LLC tax paid by Cdn member not re business | 163 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(11) | only income was taxable capital gains | 131 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) | s. 20(14) deduction for US operating-income taxes imposed on Cdn LLC member even where his only Cdn income from LLC is taxable capital gain | 418 |
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | Treaty sourcing rule does not trench on domestic FTC | 208 |
2015 Ruling 2015-0572541R3 - Foreign Tax Credit on Transfer of 401(k) to RRSP
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax | additional 10% tax on withdrawal from 401(k) plan, as income tax | 111 |
| Tax Topics - Income Tax Act - Section 60 - Paragraph 60(j) | 21 |
23 July 2015 External T.I. 2014-0546571E5 - Foreign Tax Credit
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30 October 2014 External T.I. 2013-0500491E5 - Pension from XXXXXXXXXX
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1) - Paragraph 110(1)(f) - Subparagraph 110(1)(f)(i) | EU Treaty does not engage s. 110(1)(f)(i) exemption | 92 |
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(3) | pension income not employment income | 70 |
23 July 2014 Internal T.I. 2014-0525231I7 - Foreign tax credit
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax | foreign tax not a "tax" if no refund sought | 190 |
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | s. 40(3) gain had Cdn source because not taxed in Japan | 224 |
11 September 2014 External T.I. 2013-0495091E5 - Reimbursement of employee's foreign tax
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) | taxable benefit from foreign tax reimbursement | 145 |
10 June 2013 STEP Roundtable, 2013-0480311C6 - 2013 STEP CRA Roundtable - Question 5
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28 May 2013 Internal T.I. 2013-0476381I7 - Deemed Resident Trusts & Foreign Tax Credit
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) | no s. 20(12) deduction available where only a capital gain | 148 |
| Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(b) | 283 |
S5-F2-C1 - Foreign Tax Credit
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13 August 2010 External T.I. 2010-0359571E5 F - Crédit d'impôt étranger
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20 February 2003 External T.I. 2002-014360 -
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | 37 |
5 April 2001 External T.I. 2000-004361 -
14 December 2000 External T.I. 2000-002957 -
8 September 1998 T.I. 982008
26 January 1996 T.I. 951618 (C.T.O. "Meaning of 'for the Year' in Section 126")
21 April 1995 T.I. 942293 (C.T.O. "Foreign Tax Credit (HAA7988-1)")
1994 December Tax Executives Institute Roundtable, 5-943052 -
1 September 1994 Memorandum 933143 (C.T.O. "Meaning of Proportion in 126(1)(b)")
17 May 1993 T.I. (Tax Window, No. 31, p. 12, ¶2525)
5 March 1993 Memorandum (Tax Window, No. 30, p. 17, ¶2471)
20 January 1993 T.I. 921629 (November 1993 Access Letter, p. 506, ¶C117-209)
17 November 1992 T.I. 923120 (September 1993 Access Letter, p. 413, ¶C56-250)
IT-270R2 "Foreign Tax Credit"
IT-395R2 "Foreign Tax Credit - Foreign-Source Capital Gains and Losses"
IT-194 "Foreign Tax Credit - Part-Time Residents"
IT-506 "Foreign Income Taxes as a Deduction from Income"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax | 0 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(11) | 0 |
IT-183 "Foreign-Tax Credit - Member of a Partnership"
Articles
Kevyn Nightingale, "American Professionals in Canada", Canadian Tax Journal, (2017) 65:4, 893-937
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 74.5 - Subsection 74.5(11) | use of gift of discretionary shares to address PFIC issues | 288 |
Manjit Singh, Andrew Spiro, "The Canadian Treatment of Foreign Taxes", 2014 Conference Report, (Canadian Tax Foundation), 22:1-37
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Jack Bernstein, "Canada-US Tax Traps for LLCs", Canadian Tax Highlights, Volume 22, Number 2, February 2014, p. 11
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 10 | 114 | |
| Tax Topics - Treaties - Income Tax Conventions - Article 4 | 144 |
Kenneth Snider, "The Foreign Tax Credit Rules", 2001 Conference Report, c. 14.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(4.1) | 0 |
Subsection 126(2) - Idem [Authorized foreign bank]
Cases
See Also
4145356 Canada Limited v. The Queen, 2011 DTC 1171 [at 937], 2011 TCC 220
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Words and Phrases
paid| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 110 | |
| Tax Topics - Statutory Interpretation - Consistency | 342 |
C.I.R. v. HK-TVB International Ltd., [1992] BTC 524 (PC)
Leonard Reeves Inc. v. MNR, 91 DTC 425 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 17 - Subsection 17(1) | 27 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) | 83 |
Administrative Policy
8 August 2013 External T.I. 2013-0477461E5 F - Foreign Tax Credit under 126(2) of ITA
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S5-F2-C1 - Foreign Tax Credit
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11 January 2001 Internal T.I. 2000-0001017 - Sourcing of income & foreign tax credit
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(ii) | place of contract not primary determinant | 267 |
IT-520 "Unused Foreign Tax Credits - Carryforward and Carryback"
Articles
Kyle B. Lamothe, "The Missing Provincial Tax Credit for Foreign Business-Income Taxhttps://www.ctf.ca/ctfweb/FR/Newsletters/Canadian_Tax_Focus/2016/2/160213.aspx", Canadian Tax Focus, Vol. 6, Number 2, May 2016, p. 10
Manjit Singh, Andrew Spiro, "The Canadian Treatment of Foreign Taxes", 2014 Conference Report, (Canadian Tax Foundation), 22:1-37
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Kenneth Snider, Michael Platt, "The Ontario Foreign Tax Credit Regime after Harmonization", International Tax, No. 64, CCH, June 2012, p. 12: Discusses double tax problem that arises inter alia where a Canadian corporation subject to Ontario tax has foreign-source business income but no foreign permananet establishment.
Tremblay, "Foreign Tax Credit Planning", 1993 Corporate Management Tax Conference Report, c. 3.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | 0 |
Subsection 126(2.1) - Amount determined for purposes of para. (2)(b)
Administrative Policy
11 January 2001 Internal T.I. 2000-000101 -
8 July 1992 T.I. 921814
Subsection 126(2.2) - Non-resident’s foreign tax deduction
Articles
Steve Suarez, "Tax Planning for Departure from Canada", 1991 Canadian Tax Journal 7, p. 1.
Subsection 126(2.21) - Former resident — deduction
Administrative Policy
11 October 2017 External T.I. 2016-0673171E5 - Foreign tax credit - former resident
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(b) - Subparagraph 152(4)(b)(i) | waiver generally not granted to extend 6-year period to permit s. 126(2.21) credit | 218 |
11 October 2017 External T.I. 2016-0660421E5 - Foreign tax credit – former resident
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(b) - Subparagraph 152(4)(b)(i) | waivers generally cannot be used to extend the 6-year period for claiming a FTC under s. 126(2.21) | 296 |
Subsection 126(3) - Employees of international organizations
Administrative Policy
30 October 2014 External T.I. 2013-0500491E5 - Pension from XXXXXXXXXX
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1) - Paragraph 110(1)(f) - Subparagraph 110(1)(f)(i) | EU Treaty does not engage s. 110(1)(f)(i) exemption | 92 |
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | EU withholding does not qualify as state tax | 116 |
9 April 2013 External T.I. 2012-0461051E5 F - Employee of an international organization
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 8900 - Subsection 8900(1) - Paragraph 8900(1)(b) | organization was not a specialized agency related to the UN | 106 |
| Tax Topics - Income Tax Act - Section 81 - Subsection 81(1) - Paragraph 81(1)(a) | exemption for UN officials did not apply to a Canadian resident | 277 |
Subsection 126(4.1) - No economic profit
Administrative Policy
S5-F2-C1 - Foreign Tax Credit
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Articles
Kenneth Snider, "The Foreign Tax Credit Rules", 2001 Conference Report, c. 14.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | 0 |
Subsection 126(4.2) - Short-term securities acquisitions
Subsection 126(4.5)
Articles
Edward Miller, Matias Milet, "Derivative Forward Agreements and Synthetic Disposition Arrangements", 2013 Conference Report, (Canadian Tax Foundation), pp 10:1-50
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Subsection 126(6) - Rules of construction
Paragraph 126(6)(c)
Administrative Policy
5 November 2012 Internal T.I. 2012-0462151I7 - Foreign Tax Credits
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | 291 |
Subsection 126(7) - Definitions
Business-Income Tax
Cases
See Also
Administrative Policy
24 November 2013 CTF Roundtable, 2013-0508171C6 - Income or profits tax
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5 September 2013 External T.I. 2011-0431031E5 - Guatemala's taxes
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Foreign Accrual Tax | 101 | |
| Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(1) - Earnings | tax imposed on revenue rather than income | 116 |
S5-F2-C1 - Foreign Tax Credit
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11 May 2012 External T.I. 2011-0428791E5 - Foreign Tax Credit
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | 96 |
9 February 2012 External T.I. 2008-0280941E5 F - Foreign sourced income - transportation
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(b) | s. 4(1)(b) generally applied on a jurisdictional basis | 149 |
| Tax Topics - Income Tax Act - Section 2 - Subsection 2(3) - Paragraph 2(3)(b) | incidental business activities in jurisdiction may not constitute carrying on business there | 45 |
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(9) | s. 4(1)(b) applied for s. 126(9) purposes | 153 |
4 July 2002 Internal T.I. 2002-0148217 - Foreign Tax Credit, U.S. Partnership
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24 October 2000 External T.I. 1999-001511 -
1999 Ruling 992920
8 November 1999 T.I. 991413
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 45 |
Income Tax Technical News, No. 8, 3 September 1996 "Treatment of United States Unitary State Taxes".
4 September 1996 T.I. 961290 (C.T.O. "Creditability of U.S. Branch Profits Tax")
12 August 1996 T.I. 962086
10 July 1995 T.I. 943044 (C.T.O. Pennsylvania Franchise Tax")
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 21 |
93 C.M.TC- Q. 5
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 44 |
18 May 1993 T.I. (Tax Window, No. 31, p. 13, ¶2527)
6 April 1993 TI 9301815
28 January 1993 T.I. (Tax Window, No. 28, p. 9, ¶2403)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 153 - Subsection 153(1) - Paragraph 153(1)(a) | 42 |
23 November 1992 T.I. 922181 (September 1993 Access Letter, p. 417, ¶C96-044)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 96 | 37 |
Non-Business-Income Tax
Cases
The Queen v. Hoffman, 85 DTC 5508, [1985] 2 CTC 347 (FCTD)
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See Also
Zong v. The Queen, 2019 TCC 270 (Informal Procedure)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | mandatory contributions by a dual resident to the UK’s national insurance scheme did not qualify for Treaty relief | 155 |
Nadeau v. The Queen, 2007 DTC 1670, 2004 TCC 433 (Informal Procedure)
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Meyer v. The Queen, 2004 DTC 2393, 2004 TCC 199 (Informal Procedure)
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Words and Phrases
tax| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | overpayment of U.S. tax not U.S. tax | 144 |
| Tax Topics - Treaties - Income Tax Conventions - Article 26 | 81 |
Yates v. The Queen, 2001 DTC 761 (TCC) (Informal Procedure)
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Words and Phrases
tax| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation/Constitution - Charter (Constitution Act, 1982) - Section 16 | 97 | |
| Tax Topics - Other Legislation/Constitution - Charter (Constitution Act, 1982) - Section 6 | 148 |
Yates v. GCA International Ltd., [1991] BTC 107 (Ch. D.)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(ii) | petroleum consulting income rose only partly in field | 91 |
Newfoundland and Labrador Corporation Ltd. et al. v. Attorney General of Newfoundland, 138 DLR (3d) 577, [1982] 2 S.C.R. 260
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation/Constitution - Constitution Act, 1867 - Subsection 92(2) | 62 |
Inland Steel Co. v. U.S., 677 F. 2d 72, 230 Ct. Cl. 314, 82-1 U.S.TC P9301 (1982)
Lai v. MNR, 80 DTC 1044 (T.R.B.)
Canadian Industrial Gas & Oil Ltd. v. Government of Saskatchewan et al., 80 DLR (3d) 449, [1978] 2 S.C.R. 545
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation/Constitution - Constitution Act, 1867 - Subsection 92(2) | 99 |
Bank of America National Trust and Savings Association v. U.S., 72-1 U.S.TC 84456, 198 Ct. Cl. 263, 459 F. 2d 513, cert. denied 490 U.S. 949 (1972)
Allstate Insurance Co. v. U.S., 419 F. 2d 409 (Ct. Cl. 1969)
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Words and Phrases
excise taxQuemont Mining Corp. Ltd. v. MNR, 66 DTC 5376, [1966] CTC 570 (Ex. Ct.), aff'd 70 DTC 6046 (SCC)
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Words and Phrases
profits| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | Quebec mining taxes non-deductible | 56 |
| Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 15(2) | 51 |
Seley v. MNR, 62 DTC 565, 30 Tax A.B.C. 243
Abbot Laboratories International Co. v. U.S., 160 F. Supp. 321 (D. Ct. 1958), aff'd 267 F. 2d 940 (C.A. 1959)
Lanman & Kemp-Barclay & Co. of Colombia v. Commissioner of Internal Revenue, 26 TC 582 (1956)
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Words and Phrases
income taxCommissioner v. American Metal Co. (1955), 221 F. 2d 134 (2d Cir. 1955), cert. denied 350 U.S. 829 (1955)
B.C. Insurance Co. v. MNR, 54 DTC 422, 11 Tax A.B.C. 225
Helvering v. Queen Insurance Co. (1940), 115 F. 2d 341 (2d Cir. 1940), cert. denied 312 U.S. 706 (1940)
London County Council v. A.G., [1901] A.C. 26, 4 TC 265 (HL)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Legislative History | 29 |
Administrative Policy
3 February 2016 External T.I. 2014-0548111E5 - U.S. tax paid in respect of an LLC's income
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 88 - Subsection 88(3) - Paragraph 88(3)(d) | no deemed dividend | 124 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(11) | only income was taxable capital gains | 131 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) | s. 20(14) deduction for US operating-income taxes imposed on Cdn LLC member even where his only Cdn income from LLC is taxable capital gain | 418 |
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | FTC for US operating-income taxes imposed on Cdn LLC member even where his only Cdn income from LLC is taxable capital gain | 316 |
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | Treaty sourcing rule does not trench on domestic FTC | 208 |
10 June 2016 STEP Roundtable Q. 9, 2016-0634941C6 - Support for US FTC Claims
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2015 Ruling 2015-0572541R3 - Foreign Tax Credit on Transfer of 401(k) to RRSP
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | s. 60(j) deduction does not reduce foreign source income for FTC purposes | 187 |
| Tax Topics - Income Tax Act - Section 60 - Paragraph 60(j) | 21 |
2015 Ruling 2015-0570291R3 - Foreign tax credit on income from a trust
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(13) | distribution of IRA proceeds by U.S.-resident trust is income under s. 104(13)(a) | 291 |
23 July 2014 Internal T.I. 2014-0525231I7 - Foreign tax credit
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | s. 40(3) gain had Cdn source/foreign tax not a "tax" if no refund sought | 408 |
| Tax Topics - Treaties - Income Tax Conventions - Article 24 | s. 40(3) gain had Cdn source because not taxed in Japan | 224 |
10 June 2013 STEP Roundtable, 2013-0480371C6 - 2013 STEP Question 13 - US LLCs and 20(11)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(11) | 274 |
S5-F2-C1 - Foreign Tax Credit
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5 October 2012 Roundtable, 2012-0451251C6 F - Excess of foreign tax withheld at source
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Words and Phrases
income or profits tax| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | tax withheld in excess of Treaty-rate is not deductible as an expense | 64 |
19 April 2011 Memo 2011-0398741I7
13 July 2004 External T.I. 2003-004908 -
3 November 1998 External T.I. 5-981011 -
16 September 1997 Background Paper for Round Table Question No. 9717730
12 April 1995 T.I. 923714 (C.T.O. "Foreign Tax Credits - Consolidated Foreign Returns")
23 March 1994 T.I. 933241 (C.T.O. "Japan Inhabitant's Tax - Income or Profits Tax (4093-J2)")
29 March 1994 T.I. 931729 (C.T.O. "6359 for Tax Credit-Social Security")
8 March 1994 T.I. 930294 (C.T.O. "Foreign Tax Credit-Social Security Contributions")
10 February 1993 Memorandum (Tax Window, No. 29, p. 5, ¶2432)
18 July 1991 Memorandum (Tax Window, No. 6, p. 15, ¶1359)
6 May 1991 T.I. (Tax Window, No. 3, p. 27, ¶1240)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Nature of Income | 34 |
20 March 1991 T.I. (Tax Window, No. 1, p. 19, ¶1157)
25 March 1991 Memo 7-4727
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) | US withholding on share redemption was income tax | 81 |
15 October 1990 T.I. (Tax Window, Prelim. No. 1, p. 23, ¶1021)
90 C.P.T.J. - Q.10
89 C.R. - Q.4
88 C.R. - Q.57
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) | Treaty inapplicability | 38 |
IT-506 "Foreign Income Taxes as a Deduction from Income"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | 0 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(11) | 0 |
Articles
Kailey McLeod, Nadia Pulla, "Misalignment of Federal and Provincial Tax Credits", Canadian Tax Focus, Vol. 9, No. 4, November 2019, p.8
Manjit Singh, Andrew Spiro, "The Canadian Treatment of Foreign Taxes", 2014 Conference Report, (Canadian Tax Foundation), 22:1-37
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Matthew Warren, Eileen Scott, Alan Fischl, Sergio Lugo Dimas, "U.S. Foreign Tax Credibility of the Mexican Cash Deposits Tax", Journal of International Taxation, October 2013, p. 37
Subsection 126(9)
Administrative Policy
9 February 2012 External T.I. 2008-0280941E5 F - Foreign sourced income - transportation
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(b) | s. 4(1)(b) generally applied on a jurisdictional basis | 149 |
| Tax Topics - Income Tax Act - Section 2 - Subsection 2(3) - Paragraph 2(3)(b) | incidental business activities in jurisdiction may not constitute carrying on business there | 45 |
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Business-Income Tax | NY franchise tax qualified as an income tax only if it was not based on non-income specified minimums | 221 |