Article VII.2.1: Explanation & Interpretation of Article VII Under Canadian Law

7 . 2 . 1 (a)

In general, the net business profits of a non-resident carrying on business or any other income generating activities in Canada are subject to the income tax imposed under Part 1 of the Income Tax Act.

A non-resident is not subject to tax on income from foreign sources.

A non-resident corporation carrying on business in Canada through a branch may also, in addition to Part 1 tax, be liable to a branch profits tax.

A non-resident may also be subject to income tax under Part XIII of the Act If it receives a passive income from a person resident in Canada.

Activities of non-resident in Canada subject to Part 1 Tax:

Employment in Canada

Carrying on Business in Canada

Disposition of certain properties with sufficient nexus to Canada

The part 1 tax is imposed on the net income of a non-resident in Canada. Income from office or employment in Canada by a non-resident employee or a corporate officer exercising her professional duties in Canada is subject to the Part 1 tax.

Part XIII Tax:

Unlike the Part 1 tax imposed on net income earned in Canada, Part XIII tax is imposed on the gross amount of the payments made by a person resident in Canada to a non-resident person.

Income from dividends or interest is subject to Part XIII tax.

Part XIII tax may also be levied on payments in respect of certain active business income – such as management fees and acting services.

Interaction between Part I and Part XIII

A non-resident may be subject to two regimes of tax at the same time if it is carrying on a business in Canada and receives interest or dividends as part of business activities in Canada.

Under certain circumstances, a non-resident may elect to be subject to income tax under Part I on net rental income, certain royalties, pension benefits, retirement allowances, registered retirement income fund payments and other enumerated payments received by the non-resident. In absence of an election these incomes will be subject to Part XIII tax on gross amounts paid to the non-resident.

References:

Advisor’s Guide to Canada – U.S. Tax Treaty

By:  Vitaly Timokhov, Raymond Montero, David Kerzner

Published by: Thomson Carswell