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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
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An Aussie ex- receives a periodic pension from the SAS

Customer Question

An Aussie ex-pat receives a periodic pension from the SAS Trustee Corp in OZ. If he were to remain in OZ it would be a tax free sum. Under the tax treaty it appears it would be tax free in Canada as well. Is this so?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Tom B. replied 2 years ago.

Hello

I see you have been waiting so I will jump in.

Your question is best put to an accountant or the CRA rather than a lawyer. However, I am dealing with the tax treaty with OZ on the same issue.

It appears the treaty attempts to mirror each countries rules so there is few discrepancies. I believe as you do that these payments would not be taxed in Canada.

I would start with the Tax Rulings Directorate. Here is a link....

http://www.cra-arc.gc.ca/tx/txprfssnls/srvcs/menu-eng.html

My read is as yours that it should not be taxed. But, only a ruling from the CRA will secure the issue.

Tom