Respecting the s. 126 credit for foreign taxes paid in the relevant taxation year, where the foreign tax is paid at a different time than the income arose, can the taxpayer translate at the foreign exchange rate(s) applicable:
- On the date(s) on which the foreign income was earned or received?
- On the date(s) on which the foreign taxes were paid?
- On either date?
CRA responded that the foreign tax credit rules in s. 126 require that the tax actually be paid. CRA considers the date of payment of the foreign tax to be the relevant date for the purpose of section 126 – and, therefore, the date that the amount arose for the purpose of s. 261(2)(b).
Respecting the provision in s. 261(2)(b) for the use of another conversion rate that is acceptable to CRA, CRA will accept the use of the same relevant spot rate that was used for the conversion for the foreign income itself. Either method is acceptable as long as it is used consistently from one year to another.