Does 2013-0504641E5 - indicating that a reduced (to 15%) rate of withholding on amounts distributed by RESPs constituted as trusts can apply pursuant to Art. XXII of the Canada-U.S. convention - also apply to RDSPs and TFSAs that are trusts? After noting that the Part XIII withholding rules could apply to distributions from a TFSA described in s. 12(1)(z.5), 146.2(9) or 207.061, CRA stated:
Since payments from TFSAs and RDSPs to US residents are not dealt with in any other Article of the Convention, they qualify as "other income" for the purposes of Article XXII:1 of the Convention. …
Consequently, the reduced rate of 15% provided for in Article XXII:2 of the Convention may be applied to amounts distributed from TFSAs and RDSPs to a U.S. resident where such TFSAs and RDSPs are constituted as trusts and are described in paragraph 212(1)(r.1) or 212(1)(p), as the case may be.