B.C. Insurance Co. v. MNR, 54 DTC 422, 11 Tax A.B.C. 225 -- summary under Non-Business-Income Tax

A 10% tax imposed under the Income Tax and Social Services Contribution Assessment Act 1936-1952 (Australia) on the gross amount of premiums received by the Australian branch of the taxpayer were creditable under s. 38(1) of the 1948 Act as a "tax paid by him to the government of a country other than Canada on his income from sources therein". The Australian income tax computation under that statute was governed largely by the same principles as obtain in Canada, and the exacting of 10% of gross premiums could be regarded as "merely a simplified means of determining the amount taxable, as it eliminates the necessity ... of filing returns of income with detailed financial statements attached thereto". The words in s. 38(1) "mean the income tax as imposed, in its wisdom, by 'the country other than Canada' ... no matter what the rate of tax may be or how it is computed."