5 October 2012 Roundtable, 2012-0451241C6 F - Benefit conferred on a NR shareholder by a NR corp -- summary under Subsection 247(2)

After finding that the gratuitous use by the non-resident shareholder of a Canadian property of the non-resident corporation likely produced a s. 214(3)(a) deemed dividend that was subject to Part XIII tax under s. 212(2), CRA went on to state

We would note alternatively that, in light of the particular facts of a particular situation, section 247 could be applicable. A transfer pricing adjustment could result in the non-resident corporation being subject to Part XIII tax pursuant to paragraphs 212(1)(d) and 212(13)(a).