A royalty charged by a U.S. resident (the "Licensor") to a corporation resident in Canada (the "Taxpayer") was, in lieu of payment by the Taxpayer to the Licensor, used to reduce the amount of a promissory note owing by the Licensor to the Taxpayer. Would s. 212(1)(d) apply to the full amount of such reduction? Before finding that "the entire amount of the royalty payable that is applied to reduce the Note would be [considered] credited to the non-resident and, therefore, subject to…withholding tax," CRA stated:
Generally, the words "credits" and "credited" cover any situation where a resident of Canada or, in certain cases a non-resident, has set aside and made unconditionally available to the non-resident creditor an amount due to the non-resident. In particular, as described in subparagraph 5(d) of [IC] 77-16R4, a resident of Canada would be considered to have credited an amount to a non-resident where the amount due was applied...against an amount owing...to the resident of Canada.