A U.S.-resident professional athlete signed a multi-year contract with a Canadian sports team which, in addition to salary, provided for the payment of a “Signing Bonus,” payable in annual instalments, but providing that if the taxpayer withdrew his services or breached the contract, he would only be entitled to a pro rata portion of the bonus, and would be required to repay any amount received in the current sport year. In finding that the portion of the bonus at issue (the first instalment) could be taxed by Canada as employment remuneration consistent with Art. XV(1) of the Canada-U.S. Convention rather than the Canadian tax rate being limited under Art. XVI(4) to 15% on the basis that it was an “inducement to sign” the contract (a signing bonus), the Directorate stated:
Although the Agreement defines the Bonus as meaning compensation for signing the contract, the contractual requirement for the payment of the Bonus links the amount of the Bonus to which the Taxpayer is entitled to the performance of employment services.