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3 (Common) Controlled Foreign Corporation Examples David is a U.S. person who owns 100% of a Sociedad Anonima in Portugal. This is a controlled foreign corporation, because David owns more than 50% and at least 10% of the shares.
A foreign affiliate is also a controlled foreign affiliate where the taxpayer and all related persons (and others not dealing at arms length) own a sufficient number of shares to have voting control (i.e., more than 50% of the voting shares) of the foreign affiliate or where the taxpayer along with any four or fewer
A U.S. business enterprise in which there is foreign direct investmentthat is, in which a single foreign person, or entity, owns or controls, directly or indirectly, 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business
The T1134 form is a reporting mechanism for Canadian residents and entities that hold a substantial interest in foreign affiliates. Its primary purpose is to disclose the financial activities and statuses of non-Canadian entities that are intimately linked to Canadian taxpayers.
Penalties and Missed T1134s The late filing penalty for T1134 is $25 a day, with a minimum of $100 and a maximum of $2,500. This penalty is for each T1134 supplement. The same penalty is applicable if T1134 summary is not filed where no supplement is required.
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The T1134 return can undergo EFILE before or after filing the T2 return.
Foreign affiliations are defined as associations/relationships (e.g. conducting activity such as consulting engagements, research collaborations, appointments or titles, or teaching) with foreign institutions of higher education, foreign governments, foreign companies or foreign nationals.
Controlled foreign affiliate status A foreign affiliate of a taxpayer is deemed to be a controlled foreign affiliate of the taxpayer if FAPI attributable to specific activities of the foreign affiliate accrues to the benefit of the taxpayer under a tracking arrangement.

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