Question
In June 2009, the CRA released for public comment the following proposed prescribed declaration forms for applying treaty benefits to income paid to non-residents:
- Form NR301, “Declaration of Benefits Under a Tax Treaty for a Non-Resident Taxpayer.”
- Form NR302, “Declaration of Benefits Under a Tax Treaty for a Partnership with Non-Resident Partners.”
- Form NR303, “Declaration of Benefits Under a Tax Treaty for a Hybrid Entity.”
The consultation period closed on September 30, 2009. What is the status of the CRA’s review of the forms, including how the forms and filing requirements may be amended, when new forms will be issued, and when the forms will be in effect?
Response
We are currently reviewing suggestions that we have received from both internal and external stakeholders on revisions to various forms, including these. When this review is completed, the CRA will consult with various stakeholders on any proposed changes. In the meantime, the comments in Information Circular 76‑12R6[Footnote 17] are relevant as to the due diligence expected in establishing rights to treaty benefits.