A single-member disregarded U.S. limited liability company (“SMLLC”), whose member is a resident of Canada, is factually resident in Canada and, thus subject to Part I tax, whereas U.S. source income (e.g., business income form a U.S. permanent establishment) would also be subject to U.S. income tax in the hands of the member, without the SMLLC being entitled to claim any foreign tax credit for such U.S. tax paid by its member.
In this regard, CRA indicated that s. 126 does not allow for the US income tax paid by the member to be credited against the Canadian income tax payable by the SMLLC itself. However, relief from double-taxation may be available to the member in the form of a deduction under s. 20(12) of the Act or, to the extent that the U.S. income tax paid by the member is not deducted under s. 20(12), and the member has income from a source in the US, that that member could claim a foreign tax credit against their own Canadian income tax otherwise payable.