Archive | October, 2019

A taxpayer’s residency will govern the extent of Canada’s jurisdiction to tax. Accordingly, as with non-resident individuals, a non-resident trust is not taxable in Canada unless it derives Canadian source income. However, in certain circumstances, a non-resident trust can become subject to Canadian tax on its worldwide income, if it is deemed to be resident […]

in Canada the Canada Federal Income Tax Act ITA imposes a “branch tax” on any non-resident corporation carrying on business in Canada. This tax is meant to be a proxy for Canadian non-resident withholding tax on dividends paid by a Canadian subsidiary to its non-resident parent corporation. In the absence of the branch tax, a […]

Interest, rent, royalty, dividends, management or administration fees, and other specified amounts paid or credited by a Canadian resident to a non-resident person are subject to a 25 per cent non-resident withholding tax. Where the non-resident person receiving the payment is resident in a country with which Canada has a tax treaty, the withholding tax […]

Non-residents are liable for Canadian tax on capital gains derived from the disposition of “taxable Canadian property”. “Taxable Canadian property” is defined to include, among other items, real property and resource property in Canada, assets used in carrying on a business in Canada, and shares in the capital stock of certain corporations. Any disposition of […]

non-resident individuals are taxable in Canada if they are employed in Canada and their taxable income is attributable to the duties of the office or employment performed by them in Canada. Whether an individual is deemed employed in Canada depends on the location where employment services are physically performed. If a non-resident renders services to […]

The imposition of Canadian tax on a non-resident’s business income is typically dependent on whether the business activity is sufficient to create a taxable presence in Canada. A non-resident’s income from a business will be taxable if the non-resident “carried on a business in Canada”. The question of whether or not a business is being […]

Canadian residents are required to file an annual Canadian income tax return with the Canada Revenue Agency (CRA) and to report their worldwide income. Canadian residents are also required to file information returns with respect to certain foreign property interests, as well as certain transactions with non-arm’s length non-residents or transactions with foreign trusts. Corporations […]

Federal taxes on personal income are marginal, increasing with the amount of income. The federal marginal tax rates for individuals are: 15 percent on the first C$46,605 of taxable income; 20.5 percent on the next C$46,603 of taxable income; 26 percent on the next C$51,280 of taxable income; 29 percent on the next C$61,352 of […]

Ascertaining an individual’s residency for Canadian income tax purposes generally involves a determination of whether the individual was “ordinarily resident” in Canada or has otherwise established significant residential ties to Canada. The ITA also deems certain persons to be resident in Canada. An individual who is physically present in Canada for a total of 183 […]