Corporation A, which produces television programs for which it holds the rights of exploitation, sells such programs through Corporation B (also a resident corporation) as sales agent for a percentage commission, with a French buyer withholding taxes at source and remitting the net amount to Corporation B. CRA stated:
[I]t will usually be accepted in such situations that the selling party is Corporation A since it is Corporation A which actually assigns the rights to exploit television programs to a third party. …
[I]t is the selling party, Corporation A, that paid non-business-income tax to the government of a country other than Canada for the purposes of paragraph 126(1)(a), which can, therefore, compute a foreign tax credit under subsection 126(1).