Monthly Archives: December 2015

CANADIAN SOURCE INTEREST PAYMENTS TO NON-RESIDENTS GENERALLY TAX-FREE

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A large percentage of countries that have income taxes levy withholding taxes on interest paid by residents of those countries to non-residents.

Up until the end of 2007, Canada generally applied withholding tax under Part XIII of the Income Tax Act (“the Act”) on Canadian-source interest payments to non-residents. This general rule was subject to many exceptions, including one commonly used one that applied to five-year corporate debt, as well as exception for government obligations and foreign currency debt. In the absence of a lower rate being applied under a tax treaty, interest that was not eligible for an exemption was subject to 25% tax.

However, that all changed in 2008. As a general rule, Canadian-source interest payments to non-residents made after 2007 will only be subject to Part XIII withholding tax in two types of situations:

  • Where the payer and the payee are not dealing at arm’s length. This would most commonly apply in connection with payments by a Canadian subsidiary corporation to its foreign parent corporation, or

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  • Where the interest is “participating debt interest”. This is defined in subsection 212(3) of the Act as interest “that is paid or payable on an obligation….all or any portion of which interest is contingent or dependent on the use of or production from property in Canada or is computed by reference to revenue, profit, cash flow, commodity price or any other similar criterion or by reference to dividends paid or payable to shareholders of any class of shares of the capital stock of a corporation.”

 

In the case of U.S. residents, because of the general exemption found in Article X1(1) of the Canada-U.S. Tax Convention, even interest paid between non-arm’s length parties should be exempt from Canadian tax. This could apply to interest paid by a Canadian subsidiary to a U.S. parent corporation.

However, an exception to the general exemption in Article XI(1) applies with respect to participating debt interest. Under Article XI(6)(b), Canadian tax can be applied in such cases, subject to a maximum rate of 15%.

 

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Michael I. Atlas, CPA,CA,TEP,CPA(ILL)

Michael Atlas is the author of this article, and can provide personalized advice to you for a very reasonable fee. Wheverever you are, you can get his advice!

Contact him now! For your convenience, his homepage is reproduced below.

Phone (Office): 416-860-9175

Mobile (After-hours): 416-949-7111

Email: matlas@TaxCA.com

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CANADA-BASED INTERNATIONAL TAX CONSULTING FOR CLIENTS WORLDWIDE

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Contrary to what most people think, very few Canadian accountants are real tax experts. Regardless of whether they have a designation (like CA,CGA,CMA, or CPA) or not, the vast majority have only a general knowledge of tax law and practice. That is fine for preparing tax returns, or giving advice on basic routine issues. However, when it comes to complex, unusual matters, very few have what it takes to give proper advice. When it comes to international matters, even most accountants who specialize in tax don’t have the ability, and go to an expert like Michael Atlas.

 

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Phone (Office): 416-860-9175

Mobile (After-hours): 416-949-7111

Email: matlas@TaxCA.com

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All information provided to Michael Atlas remains strictly confidential, as is consistent with the Rules of Professional Conduct of the Institute of Chartered Professional Accountants of Ontario.

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ADVISING ON  A WIDE-RANGE OF ISSUES

Michael Atlas provides FAST, imaginative and creative advice in connection with the following, as well as many, many more areas:

  • Emigration from Canada-guidance on saying “goodbye” to Canadian taxes
  • Immigration to Canada-planning to minimize exposure to Canadian taxes
  • Returning Canadian expats-what to do about assets accumulated offshore
  • Offshore trusts-when can you use them and when you cannot
  • Offshore corporations-you can save a fortune in the right situation
  • International business structures-proper planning is the key to saving taxes
  • Using tax treaties-they can be your best friend!
  • Planning foreign income-proper planning is the key!
  • Tax disputes and objections– he has a great track record in beating the CRA!

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THE ONE OF A KIND CANADIAN INTERNATIONAL TAX BLOG

Michael Atlas authors a unique Blog that is totally devoted to Canadian international tax issues. It is the only one of its kind in the world! It now has 108 original articles.

Thousands of readers access its pages every month.

You may read all the pages of the Canadian International Tax Blog through the Blog page of this site.

 

THE OUTSTANDING CANADIAN BOOK ON NON-RESIDENT TAX 

Michael Atlas is widely known across Canada for being the author of the leading book Canadian Taxation of Non-Residents, which is published by Wolters Kluwer (formerly CCH Canadian Ltd). This highly popular book, which is now in its 5th Edition, has been regularly used as a reference by accountants and lawyers in all parts of Canada for over 20 years! (To learn more about, or order, this book, click here.)

He can advise on all issues relating to non-resident taxation, including how to become a non-resident; all the implications and requirements; dealing with Canadian source income; and what to do if a Canadian expat returns.

 

  FAST ADVICE ON DOMESTIC TAX PLANNING TOO

Michael Atlas can also provide FAST advice on a wide-range of high-level domestic tax issues, including

  • Estate planning
  • Real estate
  • General corporate and business tax issues
  • Corporate reorganizations

 

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Phone (Office): 416-860-9175

Mobile (After-hours): 416-949-7111

Email: matlas@TaxCA.com

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All information provided is TOTALLY CONFIDENTIAL.

HOLDING CANADIAN VACATION PROPERTIES IN A US ENTITY AVOIDS EXPOSURE TO CANADIAN TAXES ON DEATH

Many Americans hold interests in vacation or recreational properties in Canada. Often such properties are intended to be passed on from generation to generation. Canada taxes U.S. residents on capital gains from the sale or other disposition of Canadian real estate, even if such real estate is held for recreational or vacation purposes. Canada’s ability… Continue Reading

HOW CANADA TAXES REAL ESTATE GAINS OF NON-RESIDENTS

  Like many countries. Canada taxes non-residents who realize gains on real estate located within its borders[1]. This will be true whether the real estate is capital property that is held for the purposes of earning from rental or a business; capital property held for personal use; or inventory of a business (e.g. where it… Continue Reading

S CORPORATIONS BEAT-OUT LLCs FOR AMERICANS CARRYING ON BUSINESS IN CANADA

As a general rule, U.S. residents are only subject to Canadian tax on business income to the extent that such income is earned via a permanent establishment (“PE”) in Canada[1]. If a U.S. C corporation earns profits that are taxable in Canada, such profits will be subject to federal corporate taxation under Part I of… Continue Reading

THE TAX IMPLICATIONS OF SPIN-OFF REORGANIZATIONS OF US PUBCOS FOR CANADIAN RESIDENTS

It is very common for U.S. public corporations to “spin-off” their holdings in other US corporations, so that their shareholders own such holdings directly. If properly implemented, a reorganization of this nature should be tax-free for US tax purposes as result of the application of IRC Sec. 355. The Canadian Income Tax Act (“the Act”)… Continue Reading

TAX ISSUES FOR NON-RESIDENT ACTORS OR ENTERTAINERS IN CANADA

As a general rule, non-resident actors or other entertainers who derive income from performing in Canada will be subject to Canadian tax on such income. Typically, such persons are self-employed independent contractors, rather than employees. Therefore, they will be subject to tax in Canada on the basis that they are carrying on a business in… Continue Reading

CANADA-US CROSS BORDER TAX ISSUES IN CONNECTION WITH EMPLOYEE STOCK OPTIONS

Canada and the US both tax employees who receive benefits from options they are granted to acquire shares in their employer or a related entity. This article will focus on the Canadian tax implication of employee stock options (“ESO”), and how these rules apply in certain Canada-US cross-border situations. As a general rule, stock options… Continue Reading