Form descriptions - Quick refund - Canadian equities

22.11.2022

For quick refund of withholding tax on income from Canadian equities, the documentation requirements vary according to the type of eligible beneficial owner, as follows:

For Residents of a DTT country who qualify as non-resident according to Form NR301:

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

and, in addition, for pension plans that are exempt by virtue of a DTT:

  • A letter from the pension plan declaring that it is operated exclusively to provide pension or retirement benefits and that it qualifies for exemption on dividend income under the specified article of the relevant country treaty with Canada; and
  • A letter from the local tax authority confirming the tax status of the pension or retirement plan;

and, upon request:

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

For Tax-exempt entities:

  • One-Time Certificate – Canadian Equities and Trust Instruments;
  • Per-Payment Instruction;
  • A Withholding Tax Exemption Letter issued by the CRA (including the “tax-exempt registration number").

Important note:

Customers acting as Swiss intermediary for final beneficial owners of Canadian equities 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 equities.

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 apply for a quick refund.

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?

When requesting the quick refund, but no later than 10:00 CET on the 5th calendar day of the year following the income payment (or the last business day before this if the 5th is not a business day).

Copy or original?

Original required.

Per-Payment Instruction

Customers must submit their per-payment instruction, if applicable, via an MT565 Corporate action instruction message in Xact via Swift or a Corporate action instruction in Xact Web Portal, when requesting quick refund on dividends from Canadian equities; and no longer via the Clearstream BO Upload function.

The per-payment instruction must be provided for each tax rate and country of tax residence requested, if applicable, and must include:

  • Your account number;
  • ISIN code;
  • Corporate ID;
  • Total holding;
  • Number of shares for which the reduced or exempt tax rate applies.

Additionally, the following formatting information is required:

Xact via Swift

Xact Web Portal

Sequence C: Beneficial Owner’s details – BENODET

Beneficial owner details

:94C: DOMI Country of Domicile

Country of domicile (for beneficial owner details)

:95V: OWND Beneficial Owner

Note: Only required if eligible for full tax exemption (0%).

The beneficial owner’s details under the “Party”.

Note: Only required if eligible for full tax exemption (0%).

Sequence D: Corporate Action Instruction – CAINST

Corporate action instruction

:92a: TAXB Requested Tax Rate

Requested Withholding Tax Rate (%)

Note: The requirement to provide a tax rate is not applicable to instructions sent for the following Corporate Action events on the Canadian market, due to specific notifications sent for these events:

Swift CA Event Indicator (CAEV)

Description

Mandatory/Voluntary Indicator (CAMV)

DVCA

Currency Option on Dividend

CHOS

DRIP

Dividend Reinvestment

CHOS

DVOP

Dividend Option

CHOS

For such events, either:

  • a specific option number needs to be selected;

or

  • for customers interested in the SECU option, the tax rate is available and needs to be provided in the respective field of the instruction.

For full formatting requirements of these instructions, customers should refer to the MT564 Corporate Action event notification and to the Xact via Swift User Guide

How many are provided?

One per Clearstream Banking account.

Who completes it?

Customer.

How often is it provided?

Per quick refund request.

When is it provided?

When requesting the quick refund, but no later than 10:00 CET on the 5th calendar day of the year following the dividend payment (or the last business day before this if the 5th is not a business day).

Copy or original?

The per-payment instruction must be delivered via Xact via Swift (formatted MT565) or Xact Web Portal message.

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 according to 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) when requesting the quick refund, but no later than 10:00 CET on the 5th calendar day of the year following the dividend payment (or the last business day before this if the 5th is not a business day).
(Intermediary) upon request.

Copy or original?

Original required.

Letter from the Pension Plan

Beneficial owners that are pension plans exempt by virtue of a DTT must submit a Letter from the Pension Plan declaring that it is operated exclusively to provide pension or retirement benefits and that it qualifies for exemption on dividend income under the specified article of the relevant country treaty with Canada.

How many are provided?

One per beneficial owner.

Who completes it?

The Pension plan.

How often is it provided?

Once. Valid until expiration. Customers are responsible, at all relevant times, to monitor the expiration of such letter and either to obtain renewal of such letters or, immediately on expiration of such letters, to provide instructions to have the correct applicable Canadian withholding tax deducted and that Clearstream Banking has no responsibility or liability in this regard.

When is it provided?

When requesting the quick refund, but no later than 10:00 CET on the 5th calendar day of the year following the dividend payment (or the last business day before this if the 5th is not a business day).

Copy or original?

Original required.

Letter from the local tax authority confirming the tax status of the Pension Plan

Beneficial owners being pension plans that are exempt by virtue of a DTT must submit a Letter from the local tax authority confirming the tax status of the Pension Plan.

How many are provided?

One per beneficial owner.

Who completes it?

The local tax authority of the Pension plan.

How often is it provided?

Once. Valid until expiration. Customers are responsible, at all relevant times, to monitor the expiration of such letter and either to obtain renewal of such letter or, immediately on expiration of such letter, to provide instructions to have the correct applicable Canadian withholding tax deducted and that Clearstream has no responsibility or liability in this regard.

When is it provided?

When requesting the quick refund, but no later than 10:00 CET on the 5th calendar day of the year following the dividend payment (or the last business day before this if the 5th is not a business day).

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.

Withholding Tax Exemption Letter issued by the CRA

The Certificate of Exemption indicates the tax-exempt status of the beneficial owner of the securities as granted in the letter by the Canada Revenue Agency (CRA).

Eligible beneficial owners must contact the CRA and submit an application to request recognition. Once a favourable Certificate of Exemption is issued, the original should be sent to Clearstream Banking.

Note: Each ruling from the CRA is on a case by case basis.

How many are provided?

One per beneficial owner.

Who completes it?

The Canada Revenue Agency.

How often is it provided?

Once. To be renewed at expiry date. Customers are responsible, at all relevant times, to monitor the expiration of such letter and either to obtain renewal of such letter or, immediately on expiration of such letter, to provide instructions to have the correct applicable Canadian withholding tax deducted and that Clearstream Banking has no responsibility or liability in this regard.

When is it provided?

When requesting the quick refund, but no later than 10:00 CET on the 5th calendar day of the year following the dividend payment (or the last business day before this if the 5th is not a business day).

Copy or original?

Original or authenticated copy required.