6 November 1991 Ruling 91M11213 F - Foreign Tax Credit - Royalty as Income Tax

By services, 18 January, 2022
Official title
Foreign Tax Credit - Royalty as Income Tax
Language
French
CRA tags
Canada/Algeria - Article 2
Document number
Citation name
91M11213
Severed letter type
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
630010
Extra import data
{
"field_external_guid": [],
"field_proprietary_citation": [],
"field_release_date_new": "1991-11-06 07:00:00",
"field_tags": []
}
Main text

Issue

Article 2, paragraph 3(b)(3) the words "la redevance....sur les resultats...."  do they commit Canada to treat, for foreign tax credit purposes, a royalty as an income tax?

Position

The above mentioned words could be interpreted to include royalty payments in respect of prospecting, research, development and pipeline transportation activities.  However, the Department of Finance is aware of the problem and has disscussed it with the Algerian delegation to the current round of treaty negotiations. Both Canada and Algeria agree that there is no intention that the Canada/Algeria Income Tax Convention should apply to anything other than income or profits taxes.