Does CRA expect Canadian taxpayers to include stock option expenses in the cost of services charged to related non-residents, where the employees providing the services to the related non-residents received employer-deductible stock options?
If "yes", will CRA provide reciprocity on inbound stock-based compensation charges if the circumstances are similar?
CRA referred to the statement in TPM 15, para. 44:
If a charge includes non-deductible items, but the amount is an arm's length amount, the Income Tax Act does not prevent the taxpayer from paying the amount; however, it will prevent its deduction for tax purposes.
CRA confirmed that it was appropriate to consider taking into account stock-option compensation expenses incurred by Canco in relation to its Canadian employees as a component of what would be a charge complying with the s. 247(2) transfer-pricing rules for their services to a non-resident affiliate, even where such stock compensation costs were non-deductible pursuant to s. 7(3)(b). Conversely, stock-based compensation expenses of a non-resident affiliate (e.g., expenses recognized by a foreign parent regarding options on its stock issued to employees of Canco) could be relevant in determining what was a charge by the parent to Canco that accorded with the arm’s length principle under s. 247(2).