Where a U.S. S Corp. holds the shares of a qualified subchapter S Corp. subsidiary (“QSSS”), is the Canadian-resident shareholder of the S Corp. required to enter into two separate S Corporation Agreements with the Canadian competent authority respecting both corporations in order to have Art. XXIX(5) apply to the income of both?
CRA indicated that the template S-Corp. agreements provides that the income of the S-Corporation that is deemed to be foreign accrual property income is to be determined under the Code, which will include the income of the QSSS – so that there is no need for the Canadian shareholder to enter into a separate S-Corp. agreement with respect to the QSSS.