Regulation 400

Administrative Policy

7 October 2020 APFF Roundtable Q. 12, 2020-0852241C6 F - CRA role in the interprovincial arbitration process

When asked to comment on the interprovincial arbitration process for resolving disputes (e.g., as to the presence of a provincial permanent...

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Subsection 400(1)

Cases

MNR v. Spruce Falls Power and Power Co., 53 DTC 1214, [1953] CTC 325 (SCC)

The "rule is this: that when a tax is imposed on a segment of business whose total operations extend beyond the taxing jurisdiction, the income...

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Administrative Policy

8 June 2018 Internal T.I. 2018-0744881I7 - Regulation 403 – allocation of income

Under Regs. 403(1) and (3), a property insurer (or, in this case, a reinsurer) is required to allocate its taxable income to the provinces on the...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 403 - Subsection 403(3) PE for 403(3) purposes includes any PE of any partnership of which insurer is member 224

Subsection 400(2)

Cases

Inwest Investments Ltd. v. The Queen, 2015 BCSC 1375

The high rate of B.C. corporate income tax was avoided through rolling shares into a Yukon corporation (“Wesbild”), which purported not to...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) reasonable filing position cannot be a “misrepresentation” 551
Tax Topics - Income Tax Act - Section 232 - Subsection 232(1) - Solicitor-Client Privilege not necessary to provide legal opinion to rely on having consulted legal counsel 225
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business Marconi test of "business" applied outside source-of-income context 154
Tax Topics - Statutory Interpretation - French and English Version "misrepresentation" informed by narrower French version 109

Sunbeam Corporation (Canada) Ltd. v. MNR, 62 DTC 1390, [1962] CTC 657 (SCC)

The taxpayer, which sold its manufactured electrical appliances to wholesalers throughout the country, was found not to have a permanent...

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MNR v. Panther Oil & Grease Manufacturing Co. of Canada Ltd., 61 DTC 1222 (Ex Ct)

The taxpayer, whose factory in Ontario filled orders for roofing materials and lubricants generated by its sales force in various provinces,...

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See Also

Martorelli v. The Queen, 2010 DTC 1156 [at 3313], 2010 TCC 216 (Informal Procedure)

The taxpayer worked throughout the year at a construction site 50 kilometers away from his home, for which his employer gave him a transportation...

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Toronto Blue Jays Baseball Club v. Minister of Finance (Ontario), 2005 DTC 5360 (Ont. CA)

The respondents, which owned and operated professional baseball, hockey and basketball teams were found not to have permanent establishments...

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Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Ontario - Employer Health Tax Act - Subsection 1(2) - Permanent Establishment locker and coach's room used in away games were not a PE 108

Ivy Real Estate Corp. S.A. v. Deputy Minister of Revenue of Québec, [1989] 2 CTC 39 (Que. C.A.)

The taxpayer, which was a Panamanian company, owned a commercial rental building in Montréal which a real estate management company ("Edgecombe")...

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Chicago Blower (Canada) Ltd. v. MNR, 66 DTC 471 (TAB)

Local sales agencies of the taxpayer situate in Toronto and Montreal represented permanent establishments in Ontario and Quebec on the basis of a...

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Enterprise Foundry (N.B.) Ltd. v. MNR, 64 DTC 660 (TAB)

The business of the taxpayer ("N.B.") comprised the selling of stoves in Quebec that were manufactured by an affiliated company whose...

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Words and Phrases
agency branch

Ronson Art Metal Works (Canada) Ltd. v. MNR, 56 DTC 440 (ITAB)

The taxpayer, which employed in Quebec a full-time sales representative who had no stock on hand, who contacted clients and prepared orders and...

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Administrative Policy

20 February 2014 External T.I. 2012-0460191E5 - Permanent establishment in a province

In the course of making general comments on the meaning of permanent establishment, CRA quoted from 2011-0395331I7, including the following:

In...

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9 May 2013 External T.I. 2012-0435401E5 F - Server as a PE in a province

A Canadian-resident corporation which provided it services through internet sites hosted on servers owned by it and situated in Quebec would have...

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29 November 2011 November CTF Roundtable, 2011-0426561C6 - Public Warehouse: PIA

The questioner noted that:

CRA has in [the context of Reg. 400(2)(b)] ascribed an ordinary meaning to the word "agent", [as] being one who is...

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20 July 2011 Internal T.I. 2011-0395341I7

a corporation which acted predominantly as a staffing agency did not have a permanent establishment at the client premises where it placed staff. ...

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1 March 2010 Internal T.I. 2009-0346951I7 F - Article XVI-Établissement stable-Province

A U.S.-incorporated resident of the U.S. for Treaty purposes (“Non-Resident Corporation”), whose shares were 50% owned by a non-resident...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 400 - Subsection 400(2) - Paragraph 400(2)(e) using massive stage equipment for Canadian concerts did not result in deemed PEs given that at each venue under 30 days and in Canada under 90 days 240
Tax Topics - Treaties - Income Tax Conventions - Article 16 Art. XVI of US Convention applicable irrespective of whether a PE 157

17 January 1994 Internal T.I. 9328927 F - Indian - Employment Income

Discussion of factors for determining the location of the permanent establishment of a business carried on by a self-employed Indian.

13 January 1993 T.I. (Tax Window, No. 28, p. 13, ¶2381)

A Canadian corporation whose only business is leasing equipment to franchisees in various provinces and that has no employees in such provinces...

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81 C.R. - Q. 27

An oil well of a joint venture is a permanent establishment of the participant corporations.

I.T.-177R2 "Permanent establishment of a corporation in a province and of a foreign enterprise in Canada".

Articles

Tremblay, "Permanent Establishments in Canada", 1989 Conference Report, c. 38.

Locations of other summaries Wordcount
Tax Topics - Treaties - Income Tax Conventions - Article 5 0

Paragraph 400(2)(b)

Administrative Policy

Income Tax Technical News, No. 2, December 30, 1994

Even if a corporation carries on business in a province through a commission agent, broker or other independent agent, Regulation 400(2)(b) may...

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4 September 1990 Memorandum (Tax Window, Prelim. No. 1, p. 22, ¶1011)

Where a corporation keeps merchandise in a public warehouse on terms which require the warehouse to deliver possession of the merchandise at the...

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Paragraph 400(2)(e)

Administrative Policy

12 June 2014 Ruling 133588r [30 continuous-days test for use of substantial equipment]

The Charity, which was incorporated in Participating Province X, was found not to have a permanent establishment in Participating Province Y,...

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Locations of other summaries Wordcount
Tax Topics - Excise Tax Act - Regulations - New Harmonized Value-Added Tax System Regulations, No. 2 - Subsection 2(2) 30 continuous-days test for use of substantial equipment 187

16 April 2010 Internal T.I. 2010-0362601I7 F - Établissement stable-Province

A non-resident corporation claimed a deduction under subsection 124(1) of the Income Tax Act (the "Act") for its XXXXXXXXXX taxation year. In...

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1 March 2010 Internal T.I. 2009-0346951I7 F - Article XVI-Établissement stable-Province

A U.S.-incorporated resident of the U.S. for Treaty purposes (“Non-Resident Corporation”), whose shares were 50% owned by a non-resident...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 400 - Subsection 400(2) being on concert tour in Canada did not render the various arenas fixed places of business, given lack of “regularity and recurrence” 140
Tax Topics - Treaties - Income Tax Conventions - Article 16 Art. XVI of US Convention applicable irrespective of whether a PE 157

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