24 November 2013 CTF Roundtable, 2013-0508171C6 - Income or profits tax -- summary under Business-Income Tax

Would a tax on gross revenue qualify as an income or profits tax? CRA stated:

[W]e will generally accept that tax paid to a foreign country will be an income or profits tax notwithstanding that it is computed by reference to gross revenue if the tax is part of a comprehensive income tax regime and is tightly linked and subordinate to a tax that is computed by reference to income or profits… .The following factors would be considered indicative…:

* a single tax statute contains the option to pay tax on gross income or tax on net income;

* there is the ability to elect annually between the two taxation regimes; and

* the rate of tax applied on net income is not unreasonably high.

When all of the above factors are present… [we would] accept that it is an income or profits tax

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