New limitations on imposition of interest withholding tax

This article deals with two recent developments which will dramatically reduce the circumstances in which Canada will levy withholding tax on payments of interest made to non-residents. Canada and the United States have agreed to modify the 1980 treaty between them, such that source country taxation on cross-border interest payments will be subject to a three-year phase-in for related-party interest. Concurrently, the government has announced proposed amendments to the Income Tax Act that would eliminate non-resident withholding tax on arm's length interest paid or credited by residents to all non-residents.