ForCo’s Canadian business
ForCo is a wholly-owned U.S. subsidiary of Foreign Parent, which is a U.S. non-profit organization. ForCo is resident of the U.S. for purposes of the Canada- U.S. Treaty and is entitled to benefits under Art. XXIX-A thereof. Its business is to assist Foreign Parent in selling memberships in Foreign Parent. ForCo will be carrying on its business in Canada by virtue of providing marketing and support services to Foreign Parent pursuant to a Service Contract.
Employee’s home office
To fulfill ForCo’s obligations under the Service Contract, ForCo hired Employee on a full-time basis, as its first and only Canadian resident employee to work under an “Employment Agreement” from a Canadian home office. Employee’s functions will include communicating with Foreign Parent’s existing Canadian Members and identifying potential new Canadian Members to Foreign Parent. Employee will have no authority to conclude contracts on behalf of ForCo or Foreign Parent. Employee’s home office is not associated or identified with the business of ForCo or Foreign Parent in any manner nor does ForCo have access to, or control over, the home office at any time. ForCo will not assume any costs or risks associated with Employee`s home office.
Ruling
ForCo will not be considered to carry on business through a permanent establishment, as defined in Article V of the Treaty, situated in Canada, solely as a consequence of the [described] activities of Employee performed in Canada… .