Form descriptions - Relief at source - Canadian trust instruments

08.05.2015

For relief at source of withholding tax on income from Canadian trust instruments, the documentation requirements for Residents of a DTT country who qualify as non-resident according to Form NR301 are as follows:

  • One-Time Certificate - Canadian Equities and Trust Instruments;
  • Per-Payment Breakdown of Holdings (when applicable);
  • CRA Form NR301 (when applicable);

and, upon request:

  • List of Beneficial Owners – Canadian Securities;
  • CRA Form NR301 (from customers acting as intermediary);
  • Certificate of Residence.

Important note:

Customers acting as Swiss intermediary for final beneficial owners of Canadian trust instruments are required to submit a One-Time Certificate - Canadian Equities and Trust Instruments - Swiss Intermediary only.

Form descriptions are presented according to the procedures available for relief and/or reclaim of withholding tax on income from Canadian trust instruments.

One-Time Certificate - Canadian Equities and Trust Instruments (Own Assets, Client Assets or Own and Client Assets)

One-time certification that provides information regarding the Clearstream Banking customer, stating that it holds Canadian equities and/or trust instruments on behalf of one or more beneficial owners that are entitled to relief or exemption at source.

or, as appropriate,

One-Time Certificate - Canadian Equities and Trust Instruments – Swiss Intermediary

One-time certification that provides information regarding the Clearstream Banking customer, stating that it holds Canadian equities and/or trust instruments in its role as Swiss intermediary and confirming that it will be compliant with any of its obligations as stated in the Double Taxation Treaty (DTT) between Canada and Switzerland and in the terms of the Canadian Information Circular IC76-12.

How many are provided?One per Clearstream Banking account.
Who completes it?Customer.
How often is it provided?Once. Valid until revoked.
When is it provided?At the latest, three business days before the first income payment by 10:00 CET.
Copy or original?Original required.

Per-Payment Breakdown of Holdings

The customer must provide, per beneficial owner, where appropriate, a Breakdown of Holdings that includes the ISIN/Common Code of the security, the payment date, the Clearstream Banking customer account number, the total holding position per tax rate applied and the tax rate to be applied (stock/ cash, whenever applicable).

How many are provided?One per Clearstream Banking account.
Who completes it?Customer.
How often is it provided?Per relevant payment.
When is it provided?At the latest three business days before each relevant payment by 10:00 CET.
Copy or original?The breakdown must be delivered via the BO upload function available under Applications on the Clearstream Banking website.

NR301 Declaration of Eligibility for Benefits under a Tax Treaty for a Non-Resident Taxpayer

Customers holding proprietary assets must submit, directly to Clearstream Banking, a Form NR301 signed by themselves as final beneficial owner qualifying for Double Taxation Treaty (DTT) relief as non-resident per Form NR301.

Customers holding assets as intermediary must receive and retain a Form NR301 signed by the final beneficial owner qualifying for DTT relief as non-resident according to Form NR301 and must provide it promptly to Clearstream Banking upon request at any time.

N.B.: Form NR301 must be dated before the first relevant income payment.

How many are provided?One per beneficial owner.
Who completes it?Beneficial owner.
How often is it provided?Once. Valid for three years from the end of the calendar year in which it is signed and dated by the final beneficial owner, unless there is a change in the taxpayer’s eligibility for treaty benefit, in which case a new form must be provided immediately.
When is it provided?(Own assets) at the latest, three business days before the first income payment by 10:00 CET.
(Intermediary) upon request.
Copy or original?Original required.

List of Beneficial Owners - Canadian Securities

Provides the list of beneficial owners that obtained the reduced rate at source.

Who completes it?Customer.
How often is it provided?Upon request.
When is it provided?Upon request.
Copy or original?Original required.

Certificate of Residence

A Certificate of Residence with the beneficial owner’s full name and address issued by the beneficial owner’s tax authorities.

How many are provided?One per beneficial owner.
Who completes it?Beneficial owner’s tax authorities.
How often is it provided?Upon request.
When is it provided?Upon request.
Copy or original?Original required.