Principal Issues: Canco leases an airplane from USco for use in the shareholder's business travel. 1. Whether the lease payments and operating expenses (such as fuel, maintenance, insurance and pilot's salary) are deductible. 2. Whether withholding tax applies to the lease payments.
Position: 1. Whether or not the expenses are deductible is a question of fact. 2. No, withholding tax does not apply to the lease payments.
Reasons: 1. Reasonable costs incurred in providing air travel are deductible to Canco to the extent that they are laid out to earn income from a business or property, therefore, operating costs related to the personal use of an aircraft by the shareholder are not deductible by Canco. 2. Payments made by Canco to arm's length USco for the lease of an aircraft for use in Canada are not subject to withholding tax pursuant to subparagraph 212(1)(d)(xi).