13 October 2009 External T.I. 2009-0342091E5 F - Revenu d'emploi exonéré par Conv.- frais de garde -- summary under Article 19

The wife of a couple, both of whom were Canadian residents, was a French national who received a salary that was exempt under Art. XIX, para. 1 of the Convention with France, that was not reported on a T4 information slip. CRA stated:

First, the total employment income amounts shown in box 14 of a taxpayer's T4 slips should generally be reported on line 101 of a return. Instead, a taxpayer's income from employment for a taxation year that is not reported on a T4 slip should be reported on line 104 of the taxpayer’s return for that year.

Furthermore, a taxpayer's claim for exemption from Canadian tax under paragraph 1 of Article XIX of the Canada-France Convention in respect of salaries, wages and other similar remuneration, other than pensions paid by France, must be claimed on line 256 of the taxpayer's return with the words "Income not taxable under a convention" as a clarification. Thus, this exemption from Canadian tax is technically provided to a taxpayer through a deduction in computing taxable income under subparagraph 110(1)(f)(i). Note that a taxpayer may attach an explanatory note to the taxpayer’s return to substantiate the claim for a deduction.

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