Administrative Policy
3 November 2023 APFF Financial Strategies and Instruments Roundtable Q. 9, 2023-0976941C6 - Withholding on registered plans
Does 2013-0504641E5 - indicating that a reduced (to 15%) rate of withholding on amounts distributed by RESPs constituted as trusts can apply...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 18 | RRSP/ RRIF payments are “pensions” under Art. XVIII rather than “other income” under Art. XXII of the US Convention, but must be "periodic pension payments" for 15% rate to apply | 158 |
28 March 2018 External T.I. 2016-0672941E5 - Par. 2 of Norway Other Income treaty Article
An entity (the “Tax Exempt Entity”) that is a resident of Norway per Art. 4(1) of the Treaty and that is exempt from income tax liability...
28 July 2015 External T.I. 2014-0522271E5 - REIT Distribution - Article 21 Canada-Sweden Treaty
An income distribution by a Canadian REIT to a Swedish resident was subject to a reduced rate of Part XIII witholding of 15% pursuant to Art. 21,...
20 March 2015 External T.I. 2014-0534301E5 - Canadian Withholding Tax on Retiring Allowance
A lump sum payment in compensation for a loss of employment at a French subsidiary is made by Canco to a non-resident of Canada who had been...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 115 - Subsection 115(2) - Paragraph 115(2)(e) - Subparagraph 115(2)(e)(i) | retiring allowance paid to non-resident for loss of non-resident employment | 56 |
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(j.1) | retiring allowance paid to non-resident for loss of non-resident employment | 149 |
| Tax Topics - Treaties - Income Tax Conventions - Article 15 | retiring allowance paid to French individual for loss of non-resident employment | 73 |
20 November 2014 Internal T.I. 2014-0539631I7 - Restrictive Covenants-Part XIII (Luxembourg)
Shares of SubCo held by LuxCo (as a capital investment) and CanCo were sold to a third party. Pursuant to a "Letter Agreement" between CanCo and...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 56.4 - Subsection 56.4(1) - Restrictive Covenant | restrictive covenant definition is broad | 102 |
| Tax Topics - Treaties - Income Tax Conventions - Article 7 | restrictive covenant payment not eligible for relief under Lux Treaty | 148 |
11 July 2014 External T.I. 2013-0497381E5 - REIT investment in a US IRA.
An IRA account of Mr. X (who is a citizen and a resident of the US) receives a distribution on units held in a REIT as defined in s. 122.1(1)....
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|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 10 | SIFT distributions respected as dividends | 109 |
2014 Ruling 2013-0509431R3 - Part XIII tax and distributions from a trust
The Fund is a listed mutual fund trust which is not fiscally transparent for U.S. tax purposes. It is not subject to SIFT tax as essentially its...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(c) | distributions to U.S. residents funded out of ROC payments and cross-border interest | 279 |
13 December 2011 External T.I. 2011-0416261E5 - Article XXII(4) of the Canada-U.S. Treaty
where Canco receives a guarantee (in respect of a loan made to Canco by a third party or Canco's indirect Canadian parent) for no consideration...
8 July 2002 External T.I. 2002-0131835 F - Investissements détenus à l'étranger
Regarding a Canadian resident holding a French life insurance policy, CCRA indicated that income under the policy came within the other income...
3 January 2001 Internal T.I. 2000-0024247 - Section 6.2 of Income Tax Convention
Article 20 of the Canada-New Zealand Convention provides that items of income of a resident of New Zealand which are not dealt with in other...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation/Constitution - Federal - Income Tax Conventions Interpretation Act - Section 6.2 | 128 |
13 February 1997 External T.I. 9632715 - SOURCE OF CG ARISING ON WIND-UP OF TRUST.
Where a Canadian-resident trust whose sole beneficiary is a resident of the United States distributes assets, consisting mainly of U.S....
3 December 1996 External T.I. 9636705 - DEEMED GAINS AND ARTICLE XXII CAN/US TREATY
Income resulting from the application of s. 107(5) is considered to arise in Canada and, therefore, is not exempt to a U.S. resident recipient...
30 November 1995 Ruling 9605343 - ARTICLE XXII(2) OF U.S. CONVENTION - CAPITAL GAINS
The distribution to a U.S.-resident beneficiary by a Canadian testamentary trust of the net capital gains realized by the trust on the sale of...
12 April 1995 External T.I. 9417135 - CANADIAN MUTUAL FUND TRUST-NON-RESIDENT
The Canada-Germany Convention does not reduce the 25% withholding tax applicable to distributions by a Canadian mutual fund trust to a resident of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(21) | capital gains distributed to non-resident MFT beneficiaries not taxable | 23 |
| Tax Topics - Income Tax Act - Section 118.9 - Subsection 118.9(4) | 10 | |
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(11) | 23 |
10 March 1995 External T.I. 9506415 - CAPITAL GAINS - CANADA-AUSTRALIA TREATY (HAA-4093-A3-100)
Where a corporation which is resident in Australia realizes a gain on the disposition of shares of a corporation resident in Canada, the phrase...
15 January 1993 T.I. 923421 (November 1993 Access Letter, p. 508, ¶C180-152)
Discussion of annual distributions of income by a Canadian - resident trust to a U.S. partnership.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 21 | 24 |
6 November 1992 T.I. 922332 (September 1993 Access Letter, p. 425, ¶C248-142)
Where a Canadian employee of a U.S. company was a deemed resident of Canada under s. 250(1)(a) but was a U.S. resident under the tie-breaker rule...
Articles
David W. Ross, "Withholding Taxes on Retirement Compensation Arrangements", Taxation of Executive Compensation and Retirementl. XIII, No. 2, 2009, p. 801
"Payments from an RCA to a resident of the U.S. should be subject to a 15% limitation on withholding taxes whether they are periodic or lump sum...
David A. Ward, "The Other Income Article of Income Tax Treaties", (1990) 38 Canadian Tax Journal 233 at 268 [quoted approvingly in Black v. The Queen, 2014 DTC 1046 [at 2882], 2014 TCC 12, briefly aff'd 2014 FCA 275 at para. 61]
Where a treaty does not include an other income article in any form, unfortunate effects can also occur for taxpayers who, under internal law,...