Tax Court of Canada Rules U.S. Limited Liability Company is Treaty Resident | News & Resources | Osler, Hoskin & Harcourt LLP, Business Law in Canada
Tuesday, May 11, 2010
Tax Court of Canada Rules U.S. Limited Liability Company is Treaty Resident | News & Resources | Osler, Hoskin & Harcourt LLP, Business Law in Canada.
On April 8, 2010, the Tax Court of Canada held that a U.S. limited liability company (LLC) was “liable to tax” in, and therefore a resident of, the United States for purposes of the Canada-United States Income Tax Convention (the Treaty). The case overturns the long-established position of the Canada Revenue Agency (CRA) that LLCs that are fiscally transparent for U.S. tax purposes cannot be U.S. residents for purposes of the Treaty, a position that had greater relevance prior to the Fifth Protocol to the Treaty (which did not apply to the taxation years at issue). The taxpayer was represented by Osler’s Al Meghji, Patrick Marley and Pooja Samtani (a fellow MTax graduate).
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