CRA on Article XIII of the Canada-France Treaty

In 2014-0543071E5, the CRA was asked whether a taxpayer, who is a Canadian resident, is subject to tax on the gain arising from the disposition of real property located in France. The CRA opined that Article XIII of the Canada-France Treaty provides real property is taxable in the country where it is located, but it does not make that right exclusive to France. Accordingly, Canada has the right to tax the gain when the person who disposes of the property is a Canadian resident. The taxpayer however may be able to claim a foreign tax credit.

Prepared by: Ken Jiang

Ken Jiang is a partner at the firm’s Vancouver office. His practice focuses on corporate and personal tax planning, international tax planning and representation of taxpayers in disputes with Canada Revenue Agency. Ken is fluent and proficient in Chinese (Mandarin).… more »