Form NR301 "Declaration of Eligibility for Benefits (Reduced Tax) Under a Tax Treaty for a Non-resident Person" - Canada

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NR301
Declaration of eligibility for benefits (reduced tax) under a tax treaty for a non-resident person
(NOTE: Partnerships should use Form NR302 and hybrid entities should use Form NR303)
Use this form if you are a non-resident taxpayer resident in a country that Canada has a tax treaty with and you are eligible to receive the reduced rate of tax
or exemption provided by the treaty on all or certain income and you:
receive income subject to Part XIII withholding tax, such as investment income, pension, annuities, royalties, and estate or trust income,
and the withholding tax rate is reduced by the tax treaty, or
are completing forms T2062, Request by a Non-Resident of Canada for a Certificate of Compliance Related to the Disposition of Taxable Canadian Property
or T2062A, Request by a Non-Resident of Canada for a Certificate of Compliance Related to the Disposition of Canadian Resource or Timber Resource
Property, Canadian Real Property (Other Than Capital Property), or Depreciable Taxable Canadian Property to request a certificate of compliance for the
disposition of treaty protected property, or
derive income of any kind through a partnership or hybrid entity and it asks you to complete Form NR301 to support a declaration by the partnership or
hybrid entity.
Please refer to the instruction pages for more information.
Part 1.
Legal name of non-resident taxpayer (for individuals: first name, last name)
Part 2.
Mailing address: P.O. box, apt no., street no., street name and city
State, province or territory
Postal or zip code
Country
Part 3.
Foreign tax identification number
Part 4.
Recipient type
Individual
Corporation
Trust
Part 5.
Tax identification number
Enter the corporation's Canadian
Enter your Canadian social insurance
Enter the trust's Canadian account number,
if it has one:
number or Canadian individual tax
business number, if it has one:
number, if you have one:
R C
T
Part 6.
Country of residence for treaty purposes
Part 7.
Type of income for which the non-resident taxpayer is making this declaration
Interest, dividends, and/or royalties
Trust income
Other – specify income type or indicate "all income"
Part 8.
Certification and undertaking
I certify that the information given on this form is correct and complete.
I certify that I am, or the non-resident taxpayer is, the beneficial owner of all income to which this form relates.
I certify that to the best of my knowledge and based on the factual circumstances that I am, or the non-resident taxpayer is, entitled to the benefits of the tax treaty
between Canada and the country indicated in part 6 on the income listed in part 7.
I undertake to immediately notify whoever I am submitting this form to (whether it is the payer, agent or nominee, CRA, or the partnership or hybrid entity through which the
income is derived) of any changes to the information provided on this form.
Position/title of authorized person
Name of authorized person (print)
Date (YYYY/MM/DD)
Signature of non-resident taxpayer
Telephone number
or authorized person
Expiry date – For Part XIII tax withholding purposes, this declaration expires when there is a change in the taxpayer's eligibility for treaty benefits or three years from
the end of the calendar year in which this form is signed and dated, whichever is earlier.
NR301 E (13)
(Ce formulaire est disponible en français.)
Clear Data
Help
Protected B
when completed
NR301
Declaration of eligibility for benefits (reduced tax) under a tax treaty for a non-resident person
(NOTE: Partnerships should use Form NR302 and hybrid entities should use Form NR303)
Use this form if you are a non-resident taxpayer resident in a country that Canada has a tax treaty with and you are eligible to receive the reduced rate of tax
or exemption provided by the treaty on all or certain income and you:
receive income subject to Part XIII withholding tax, such as investment income, pension, annuities, royalties, and estate or trust income,
and the withholding tax rate is reduced by the tax treaty, or
are completing forms T2062, Request by a Non-Resident of Canada for a Certificate of Compliance Related to the Disposition of Taxable Canadian Property
or T2062A, Request by a Non-Resident of Canada for a Certificate of Compliance Related to the Disposition of Canadian Resource or Timber Resource
Property, Canadian Real Property (Other Than Capital Property), or Depreciable Taxable Canadian Property to request a certificate of compliance for the
disposition of treaty protected property, or
derive income of any kind through a partnership or hybrid entity and it asks you to complete Form NR301 to support a declaration by the partnership or
hybrid entity.
Please refer to the instruction pages for more information.
Part 1.
Legal name of non-resident taxpayer (for individuals: first name, last name)
Part 2.
Mailing address: P.O. box, apt no., street no., street name and city
State, province or territory
Postal or zip code
Country
Part 3.
Foreign tax identification number
Part 4.
Recipient type
Individual
Corporation
Trust
Part 5.
Tax identification number
Enter the corporation's Canadian
Enter your Canadian social insurance
Enter the trust's Canadian account number,
if it has one:
number or Canadian individual tax
business number, if it has one:
number, if you have one:
R C
T
Part 6.
Country of residence for treaty purposes
Part 7.
Type of income for which the non-resident taxpayer is making this declaration
Interest, dividends, and/or royalties
Trust income
Other – specify income type or indicate "all income"
Part 8.
Certification and undertaking
I certify that the information given on this form is correct and complete.
I certify that I am, or the non-resident taxpayer is, the beneficial owner of all income to which this form relates.
I certify that to the best of my knowledge and based on the factual circumstances that I am, or the non-resident taxpayer is, entitled to the benefits of the tax treaty
between Canada and the country indicated in part 6 on the income listed in part 7.
I undertake to immediately notify whoever I am submitting this form to (whether it is the payer, agent or nominee, CRA, or the partnership or hybrid entity through which the
income is derived) of any changes to the information provided on this form.
Position/title of authorized person
Name of authorized person (print)
Date (YYYY/MM/DD)
Signature of non-resident taxpayer
Telephone number
or authorized person
Expiry date – For Part XIII tax withholding purposes, this declaration expires when there is a change in the taxpayer's eligibility for treaty benefits or three years from
the end of the calendar year in which this form is signed and dated, whichever is earlier.
NR301 E (13)
(Ce formulaire est disponible en français.)
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Do not use this form:
to support exemptions from tax under Article XXI of the Canada-U.S. tax treaty. You must apply to the CRA for a Letter of Exemption. Refer to guide T4016,
Exempt U.S. Organizations – Under Article XXI of the Canada-United States Tax Convention.
to support exemptions under a tax treaty that does not tax pension income if the total amount received from all payers is less than a certain threshold amount,
or in other situations where Form NR5, Application by a non-resident of Canada for a reduction in the amount of non-resident tax required to be withheld, is
applicable. See guide T4061, NR4 – Non-resident tax withholding, remitting, and reporting for more information on pension exemptions. In these cases, you
have to file Form NR5 to receive a letter authorizing a reduction in withholding tax on pension income.
to support exemptions from Part XIII withholding tax that are provided for in the Income Tax Act, such as fully exempt interest as defined in subsection 212(3);
to support arm's length interest payments that are not captured by paragraph 212(1)(b); or to support reductions of the Part XIII withholding tax on rental
income when the non-resident makes an election under Section 216. In these circumstances, the exemption or reduction is in the Income Tax Act rather than
in one of Canada's tax treaties.
Business profits and disposition gains
For exemptions pertaining to services provided in Canada, including those provided by artists and athletes who are exempt from tax under a
tax treaty, see Rendering services in Canada at cra.gc.ca/tx/nnrsdnts/cmmn/rndr/menu-eng.html or Film Advisory Services at
cra.gc.ca/tx/nnrsdnts/flm/menu-eng.html. These pages contain links to information for non-residents, including how to apply for a waiver of withholding tax.
You may need to attach Form NR302, Declaration of eligibility for benefits (reduced tax) under a tax treaty for a partnership with non-resident partners or
NR303, Declaration of eligibility for benefits (reduced tax) under a tax treaty for a hybrid entity to an application for a waiver in certain circumstances, such as
when the applicant for the waiver is a partnership or hybrid entity. The payer of income for services provided in Canada must withhold
tax on these payments unless the non-resident provides the payer with a copy of a tax waiver or reduction issued by the CRA for those services.
For exemptions pertaining to dispositions of taxable Canadian property, see Disposing of or acquiring certain Canadian property at
cra.gc.ca/nrdispositions/. Vendors and purchasers will find information on filing forms T2062, T2062A, and T2062C on this page.
Generally, the purchaser of taxable Canadian property has to withhold tax on the purchase price unless the vendor receives a certificate of compliance
from the CRA, or other rules apply.
Information and instructions for the non-resident taxpayer
Part XIII tax
Part XIII tax is a withholding tax imposed on certain amounts paid or credited to non-residents of Canada. Subject to certain exceptions specified in the law, the
rate of Part XIII tax is generally 25%. However, an income tax treaty between Canada and another country may provide for complete exemption from Part XIII tax
or may reduce its rate.
It is the payer's responsibility to withhold and remit Part XIII tax at the appropriate rate and the payer is liable for any deficiency. For this reason, the payer may
request a completed Form NR301 or equivalent information before applying a reduced rate of withholding tax. Without Form NR301, the payer may not be
satisfied of your entitlement to treaty benefits for the application of less than the full 25% Part XIII tax rate.
Foreign tax identification number
Enter the tax identification number that you use, if you have one, in your country of residence. For individuals who are resident in the United States, this is your
social security number.
Recipient type
Tick the appropriate type of non-resident taxpayer.
A foreign partnership that is treated as fiscally transparent under the laws of a foreign country, resulting in the partners paying tax on the partnership's worldwide
income, should use Form NR302 to claim treaty benefits the partners are entitled to.
Hybrid entities (see "Amounts derived through hybrid entities" below) should use Form NR303 if they are considered "fiscally transparent" by a country that
Canada has a tax treaty with and that treaty contemplates extending treaty benefits for income derived through the entity to the residents of that country who have
an interest in the entity (e.g., see paragraph 6 of Article IV of the Canada-U.S. tax treaty). A foreign entity that is taxed as a corporation on its worldwide income
under the laws of the foreign country completes Form NR301.
For other entity types, such as government entities and professional unincorporated associations, go to the CRA website at
cra.gc.ca/formspubs/frms/nr301-2-3-eng.html.
Canadian tax number
Provide a Canadian tax number, if you have one.
Country of residence
Indicate your country of residence. You must be a resident of the country as defined in the tax treaty between Canada and that country. For more information,
consult the publication Income Tax Technical News No. 35 at cra-arc.gc.ca/E/pub/tp/itnews-35/, published February 26, 2007.
Type of income
Enter the types of income being paid for which you are eligible for tax treaty benefits (such as an exemption from tax in Canada or a reduced withholding
tax rate).
Note: Income, including interest and dividend income, paid by a trust (other than a deemed dividend paid by a SIFT trust to which subsection 104(16) applies)
to a non-resident is considered "trust income" under the Income Tax Act and Canada's tax treaties.
Some tax treaties only reduce the Part XIII withholding tax on specific income types, such as interest or trust income, if the amount is taxable in the
non-resident taxpayer's country of residence. To check if this applies to the income you receive, go to the Department of Finance website at
fin.gc.ca/treaties-conventions/treatystatus_-eng.asp, or try the non-resident tax calculator at cra.gc.ca/partxiii-calculator/. For example,
the Canada-United Kingdom tax treaty contains such a provision in paragraph 2 of Article 27.
Limitation on benefits
Limitation on benefits provisions prevent the unintended use of treaties by residents of a third country. Tax treaty benefits will be refused if any applicable limitation
on benefits provision is not satisfied.
For example, Article XXIX-A of the Canada-U.S. tax treaty generally restricts full treaty benefits to "qualifying persons" as defined in that article. U.S. resident
individuals are "qualifying persons." Corporations, trusts, and other organizations resident in the United States should consult the tax treaty article to find out if they
meet the criteria. The document "CRA guidelines for taxpayers requesting treaty benefits pursuant to paragraph 6 of article XXIX A of the Canada-U.S. Tax
Convention" at cra.gc.ca/tx/nnrsdnts/rtcl29-eng.html, provides the Canada-U.S. tax treaty in Appendix II and information for those who
do not meet the criteria.
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Certification and undertaking
This area should be completed and signed by:
the non-resident taxpayer in the case of an individual;
an authorized officer in the case of a corporation;
the trustee, executor, or administrator if the person filing the form is a trust;
an authorized partner in the case of a partnership.
A non-resident who does not satisfy the requirements of the limitation on benefits provisions, if any, contained in the tax treaty will not be entitled to all the benefits
of the tax treaty. By signing this form you are certifying that the non-resident is entitled to a reduced rate of tax under a tax treaty.
During an audit or review, or while processing a related request, the CRA may ask you for more information to support the tax treaty benefit you claimed.
Change in circumstances
If a change in circumstances makes any information on the form incorrect, notify the payer immediately and fill out a new form.
Amounts derived through hybrid entities
A hybrid entity is in general a foreign entity (other than a partnership) whose income is taxed at the beneficiary, member, or participant level. For example, the
United States resident members/owners of a Limited Liability Company (that is treated as a fiscally transparent entity under U.S. tax laws) may be entitled to treaty
benefits if all the conditions in paragraph 6 of Article IV of the Canada-U.S. treaty are met. Under paragraph 6, an amount of income, profit or gain is considered to
be derived by a resident of the United States if;
1) the amount is derived by that person through an entity (other than an entity that is a resident of Canada), and
2) by reason of that entity being considered fiscally transparent under U.S. tax laws, the treatment of the amount under U.S. tax laws is the same as it would be if
that amount had been derived directly by that person. Paragraph 7 of Article IV contains additional restrictions on this look-through provision.
Entities that are subject to tax, but whose tax may be relieved under an integrated system, are not considered hybrid entities.
Where do I send this form?
Depending on your circumstances, send this form to one of the three areas noted below.
If you receive income subject to Part XIII tax from a Canadian payer, or from an agent, nominee, or other financial intermediary who requested that you
complete this form, send this form and your completed worksheets directly to the person who requested it, to reduce the Part XIII withholding tax on income
being paid to you.
If you derive income through a partnership or hybrid entity, and that partnership or hybrid entity asked you to complete Form NR301, send it to that
partnership or hybrid entity.
If requesting a certificate of compliance for the disposition of treaty-protected property, send this form, along with forms T2062 or T2062A, to the CRA
according to the instructions on those forms.
Agents and nominees, or financial intermediaries
If you are an agent or nominee providing financial intermediary services as a part of a business, you should collect Form NR301, NR302, or NR303, or equivalent
information, from the beneficial owner. See the instructions in Information Circular 76-12, Applicable rate of part XIII tax on amounts paid or credited to persons in
countries with which Canada has a tax convention, and published updates to this information on the CRA website, for the suggested format to use for submitting
the information to the Canadian payer or withholding agent. If you are an agent or nominee providing financial intermediary services as part of a business and you
pay another agent or nominee amounts for non-resident beneficial owners, collect an agent/nominee certification from them as described in Information Circular
76-12 and published updates.
Instructions for payers
To determine the appropriate reduced rate of withholding, see the relevant Canadian tax treaty on the Department of Finance website at
fin.gc.ca/treaties-conventions/treatystatus_-eng.asp, or try the non-resident tax calculator at cra.gc.ca/partxiii-calculator/.
Do not apply a reduced rate of withholding in the following circumstances:
the non-resident taxpayer has not provided Form NR301 or equivalent information and you are not sure if the reduced rate applies;
the form is incomplete (see note below);
a tax treaty is not in effect with the taxpayer's country of residence; or
you have reason to believe that the information provided in this declaration is incorrect or misleading.
Note: The foreign and Canadian tax number fields may be blank because not all non-residents will have these tax numbers.
Expiry date
For Part XIII tax withholding purposes, this declaration expires when there is a change in the taxpayer's eligibility for the declared treaty benefits or three years
from the end of the calendar year in which the form is signed and dated, whichever is earlier. For example, if the taxpayer's mailing address has changed to a
different country, you should ask the taxpayer for a revised Form NR301.
If you need more information, see Part XIII withholding tax at cra.gc.ca/tx/nnrsdnts/pyr/prtxiii/wthhldng/menu-eng.html and select Beneficial ownership or
Rates for part XIII tax.
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